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Charter 


AND 


SPECIAL     LAWS 


GOVERNING    THE 


City  of  Providence. 


Ube  lProv(^cnce  iTtcss: 
Snow  &  Farnham,  City  Printers. 

6.^  Washington  Street. 
I9OI. 


5S 


PREFACE. 
18  5718 

OCT  10  »91(. 

Under  authority  of  the  City  Council,  by  Resolution  approved  Feb- 
ruary 28,  1899,  His  Honor  the  Mayor  appointed  the  undersigned  to 
collect,  arrange  and  revise  the  Ordinances  of  the  City  Council  and  the 
liules  of  the  Board  of  Aldermen,  and  also  to  collect  and  arrange  such 
of  the  Statutes  of  the  State  of  Rhode  Island  as  relate  specially  to  the 
City  of  Providence,  and  to  report  in  print. 

The  Ordinances  and  the  Rules  have  been  published. 

The  City  Charter  and  Statutes  are  now  published  in  a  separate 
volume  under  the  authority  of  the  following  Resolution  of  the  City 
Council,  approved  December  22,  1899 ;  and  in  accordance  with  the 
recommendations  referred  to  therein  : 

"  Resolved,  That  the  Commissioner  appointed  under  Resolution  No.  75,  series 
of  1899,  be  and  lie  is  hereby  authorized  and  directed,  in  carrying  out  the  provisions 
of  said  Resolution  No.  75,  to  publish  and  bind  the  Special  State  Laws  relating  to  the 
City,  and  the  City  Ordinances,  and  Rules  of  the  Board  of  Aldermen,  in  accordance 
with  the  recommendations  contained  in  his  report  submitted  to  the'  City  Council, 
November  20,  1899.'^ 

In  collecting  and  arranging  the  Special  Statutes  in  the  present 
volume,  it  is  the  purpose  of  the  Commissioner  and  his  associate,  Mr. 
Daniel  F.  Hayden,  to  submit,  for  the  use  of  the  City  Council  and  of 
the  department  officers,  a  condensed  manual  of  those  statutes  under 
authority  of  which  the  government  of  the  City  of  Providence,  as  dis- 
tinguished from  other  municipalities,  is  administered.  To  this  end, 
those  statutes  which  lie  within  the  leo-islation  common  to  all  cities  and 


2lOov'2 


PREFACE. 

towDs  of  the  State,  and  which  are  published  in  successive  revisions  of 
the  public  laws,  are  excluded.  Likewise  are  excluded  those  statutes 
wdiich,  though  special,  confer  no  powers,  or  no  continuing  powers  : 
such  as  statutes  merely  establishing  harbor  lines,  statutes  annexing 
territory,  and  statutes  authorizing  an  increase  of  the  city  debt.  But 
statutes  of  this  character  are  printed  in  full  in  all  cases  where  powers 
Temain  to  be  exercised. 

In  reprinting  the  text  of  the  statutes  contained  in  this  volume, 
every  amending  statute  has  been,  so  far  as  possible,  incorporated  in  the 
amended  statute,  and  where  the  effect  of  an  amendment  has  been  merely 
to  eliminate  certain  words,  the  elimination  is  indicated  by  asterisks ; 
and  where,  in  a  few"  instances,  it  has  been  expedient  to  change  the 
phraseology,  but  not  the  meaning,  of  the  amendment,  the  substituted 
words  are  inclosed  in  brackets.  This  method  facilitates  the  reading  of 
the  law,  w4iile  the  margmal  references  carefully  note  the  authority  for 
the  changes  m  the  text. 

Following  the  Index  will  be  found  a  list  of  statutes  relating  to  the 
City  of  Providence,  wdiich  have  been  passed  during  the  legislative 
period  of  one  hundred  and  four  j-ears  covered  b}'  this  volume.  This 
list  contains  memoranda  of  all  the  special  statutes  which  are  contained 
or  referred  to  in  the  last  publication  of  the  statutes  relating  to  the  City, 
in  January,  1887,  and  of  all  the  special  statutes  passed  by  the  General 
Assembly  since  that  publication. 

This  volume,  then,  contains  the  text  of  all  special  statutes  which 
confer  operative  powers,  and  a  memorandum  of  every  statute  that  is 
a  factor  in  determining  the  present  form  of  all  the  operative  statutes 
which  relate  specially  to  the  City  of  Providence. 

Isaac  H.  Southwick,  Jr., 

Commissioner. 
Providence,  July  1,  1901. 


ANALYTICAL  TABLE  OF  CONTENTS. 


Page. 

City  Charter 1  to  1 9 

Additional  Fi.scal  Powers 2()  to  25 

Registration  of  Bonds 20 

Commissioners  of  Sinking  Funds 20 

State  Tax  Notes 21 

Sale  of  City  Bonds 22 

Payment  of  Bonds  and  Notes  in  Gold 22 

Unexpended  Balances 23 

Fees  for  Licenses  and  Commissions 28 

Public  Celebrations 24 

Ajjplication  of  Sewer  Assessments 25 

Department  of  Public  Works 26  to  45 

Organization  and  General  Powers 27 

Assessments  for  Sewers 29 

Sewer  Connections  Inside  Curb-line    33 

Use  of  Sewers 34 

Water  Works  and  Supply  of  Water 34 

Bridges 39 

Sidewalks 43 

Police  Department 40  to  70 

Police  Constables  and  City  Watchmen 40 

Regulation  of  Street  Venders 49 

Dealers  in  Junk  and  Second-hand  Articles 51 

Vagrants,  Disorderly  Persons  and  Drunkards 52 

Animals  Going  at  Large 57 

Storage  of  Cotton  Waste 59 

Storage,  Keeping  and  Sale  of  Fireworks 59 

Storage,  Safe  Keeping  and  Transportation  of  Gunpowder. .  60 

Storage  of  Lime 67 

Piling  of  Lumber  and  Wood 67 

Bootblacks,  Newsboys   and    Street  Venders 68 

Civil  Process  Constables 69 


CONTENTS. 

Page. 

FiKE  Department 71  to  74 

Presidents  of  Fire  Department 71 

Board  of  Fire  Commissioners 72 

Combustible  Materials  in  Buildings 73 

School  Department 75  to  84 

School  Committee  and  their  Powers 75 

Taking  of  Land  for  School  Purposes 79 

Annual  Appropriation  for  School  Purposes 82 

Teachers'  Ketirement  Fund 82 

BuiLDii^Gs 85  to  128 

Regulation  of  Steam  Boilers 85 

Construction  of  Buildings 88 

Intention  to  Build 120 

Shelters  over  Sidewalks 121 

Fire  Escapes 122 

Elections 129  to  172 

Board  of  Canvassers  and  .Registration 129 

Report  of  Commission  to  Readjust  Ward  Lines 138 

Political  Coinmittees  and  Caucuses 148 

Voting  Machines 162 

Franchises 173  to  211 

Historical  Notes  Relative  to  Franchises 173 

In  Highways 178 

Union  Railroad  Company 181 

Providence  Cable  Tramway  Company 187 

Free  Transfers 193 

State  Tax  on  Street  Railways 197 

Increase  of  Stock  of  Railway  Companies 202 

Narragansett  Electric  Lighting  Company 203 

Establishment  and  Regulation  of  Ferries 211 

Harbor 212  to  228 

Boundaries  and  Protection  of  the  Public  Waters ....    212 

Harbor  jMaster 218 

Harbor  Line  from  Dorrance  Street  to  Sassafras  Point 219 

Harbor  Lines  between  Fox  Point  and  India  Point 219 

Harbor  Improvement 224 

Dorrance  Street  Wharf 225 

Port  Wardens 226 


CONTENTS. 

Page . 

Hkalth 229  to  237 

Prevention  of  Contagious  and  Infectious  Diseases 229 

Removal  of  Swill  and  House  Offal 232 

Superintendent  and  Deputy  Superintendent 233 

Inspector  of  Beef  and  Pork 234 

Compulsory  Connection  with  Sewers 235 

Rhode  Island  Hospital 236 

HiGHAVAYs 238  to  264 

Certain  Private  Ways  Established 238 

Layout  on  Petition  or  by  Consent  of  Parties 240 

Grades  of  Platted  Streets 242 

Layout  by  Board  of  Aldermen. .  .  ^ 243 

Layout  by  Commissioners  of  Estimate  and  Assessment 245 

Abandonment  of  Highways 258 

Planting  of  Shade  Trees 259 

Turting  of  Portions  of  Highways 260 

Watering  Streets 261 

Street  from  Market  Square  to  Prospect  Street 263 

Appropriation  for  HighAvay  Purposes 264 

Municipal  Indebtedness 265  to  272 

Water  Supply  Bonds 267 

Sew^er  Bonds 268 

Highway  Bonds 268 

School  Bonds 269 

Park  Bonds 270 

Miscellaneous  Loans 271 

North  Burial  Ground 273  to  276 

Undertakers 276 

Parks  and  Purchase  of  Land  for  Parks 277  to  279 

Plumbing ' 280  to  282 

Public  Administrator 283  to  285 

Relief  of  Certain  Officers 286  to  287 

Index 289  to  395 

List  of  Special  Statutes 397  to  420 


THE  CITY  CHARTER 


PROVIDENCE 

As  Amended  and  Consolidated  by  Acts  of  the  General  Assembly  from 
1866  to  1900,  inclusive. 


AN    ACT    TO  REVISE,  CONSOLIDATE    AND    AMEND  THE     ChaOter     598 
ACT  ENTITLED  "AN  ACT  TO  INCORPORATE  THE  CITY      <,i  .M.:.<  h  s,  isor,. 
OF    PROVIDENCE,"    AND    THE  SEVERAL  ACTS    IN    AD- 
DITIOxN  THERETO  AND  IN   AMENDMENT  THEREOF. 


Section 

1.  Incorporation  of  the  inhabitants  con- 
tinued ;  city  council  to  have  powers 
of  the  inhabitants  and  may  inflict 
penalties. 

'I.  Administration  of  City  Government : 
city  council  defined. 

3.  Organization   of    City    Government ; 

meetings  in  convention ;  engage- 
ment in  office. 

4.  Hoard  of  Aldermen  ;  President. 

5.  City  clerk  ;  recorder  of  deeds  and  his 

deputy ;  assessors  of  taxes ;  city 
treasurer  and  his  deputies  ;  superin- 
tendent of  public  buildings. 

6.  Common    Council ;    president     and 

clerk ;  procedure  and  quorum  in 
either  branch. 

7.  Powers   and   duties   of    the    Mayor  ; 

special  meetings  of  the  city  coun- 
cil or  of  either  branch  ;  veto  power 


Section 


and  messages  of  the  mayor  ;  mayor 
may  discontinue  criminal  actions. 

Powers  of  Mayor  and  Aldermen. 

Powers  of  City  Council ;  school  taxes 
and  appropriations  ;  election,  duties, 
salaries  and  tenure  of  office  of  city 
officers  ;  legislative  powers  how  ex- 
ercised ;  financial  management ;  or- 
dinances ;  city  law  department. 

Judicial  powers. 

Municipal  Court. 

Police  Court. 

Municipal  elections  by  the  people. 

Election  in  18GC.      Expired. 

Management  of  the  Dexter  Donation 
property. 

Ordinances,  rules  and  regulations 
continued. 

Repeal  of  previous  statutes. 

Charter  to  take   effect  upon  passage. 


//  is  enacted  by  the  General  Assembly  as  folloivs : 

SECTION  I. 

Clause  1.     The    inhabitants  of   the  city  of   Providence     incorporation  con- 
shall  continue  to   be  a  body  politic   and  corporate  by  the  ""'^  ' 


Act  of  18G8,  Ch.  719, 


2  CITY    CHARTER. 

name  of  the  City  of  Providence  ;  and  as  such  shall  con- 
tinue to  have,  exercise  and  enjoy  all  the  rights,  immunities, 
Powers.  powers,  privileges  and  franchises,  and   shall   be   subject   to 

all  the  duties  and  obligations,  now  incumbent  on  or  apper- 
taining to  said  city  as  a  municipal  corporation,  or  by  virtue 
of  the  laws  of  this  state,  so  far  as  the  same  shall  not  be 
altered  by  this  act  or  by  any  acts  in  amendment  hereof.  They 
may  ordain  and  publish  such  laws,  ordinances  and  regula- 
tions as  shall  be  needful  to  the  good  order  of  the  said  body 
politic,  and  may  inflict  fines  and  penalties  for  the  breach 
thereof,  not  exceeding,  for  any  one  offence,  two  hundred 
dollars,  and  six  months'  imprisonment ;  and  they  may  hold 
courts  of  judicature,  with  the  powers  and  jurisdictions  here- 
inafter provided. 
,,.  .,  .  ,         The  city  council   of  said  city  shall   have,  possess  and  ex- 

City  council  is  to  -'  -'  '   i 

have  powers  of  in-   gj-^ise  all  the    powcrs   vcstcd  by  law   in  the  inhabitants  or 

habitants  or  freemen.  ^  J 

freemen  of  said   Providence,  and  the  town  council   thereof, 
Sec.  1.  excepting  such  as  are  by  law  conferred  upon  the  board  of 

aldermen,  or  on  some  other  of  the  officers  of  said  city,  and 
such    as   are  conferred    upon  the  freemen   of  said  city  by 
clause  one,  section  fifteen,  of  this  act. 
City  council  may        "^^^^  ^''^y  couucil  of   Said   city  shall  havc  power  to  punish 
viXtl^nof"dtTi^a%vs'.    ^"Y   violation  of   any  of   the  provisions  of  any    of  the  ordi- 
Act  of  1868  Ch  7ii>    nanccs,  by-laws  and  regulations  of  said  city  by  fines,  penal- 
Sec.  2.  jjgj,  Qj.  iniprisonment  for  any  breach  thereof,  not  exceeding 

for  any  one    offence  two  hundred    dollars,  or  by  imprison- 
ment not  exceeding  six  months. 

SECTION  II. 

Administration  of         CLAUSE  1.     The  administration  of  all  the  fiscal,  pruden- 

city  government,      ^j^j  ^^^^j  municipal  affairs  of  said  city,  with  the  conduct  and 

government  thereof,  shall  be  vested  in  one  principal  officer 

jviay^,,.  to   be  styled  the  mayor ;  one  council  of  ten  persons  to  be 

Aldermen.  Styled    the    aldermen  ;    and    one    council    of  forty   persons 

Common  Council,     to  bc  stylcd  the  coiiimon  council ;  together  with  such  other 

Act  of  1000,  Ch.  im,   magistrates  or  officers  as  are  hereinafter  specified,  or  by  the 

laws  of  this  state  or  the  ordinances  of  the  said  city  are,  or 


Other  oflficers. 


hereafter  may  be,  authorized  or  prescribed. 


CITY     CHARTER. 


3 


Clause  '2.     The  mayor,  aldermen,  and  common  council,    city council  defined. 
n  their  joint  capacity,  shall  be  styled  the  city  council. 

SECTION    III. 

Clause  1.     The  mayor,  aldermen,  and  common   council,   organization  of  city 
chosen   as  is   hereinafter   provided,  shall  meet  in    conven- 
tion  on  the  first  Monday  of  January  in  each  year  for  the    v.t  of  isis,  ch.  an 
purpose  of  entering  upon  the  duties  of  their  respective  offices 
for  such  year,  and  for  the  election  of  all  such  officers  as  are 
now  by  law,  or  by  this  act  or  any  subsequent   act  may  be, 
made  elective    by  the  city  council.     At   such  meeting,  and 
at  all  meetings  of  the  city  council  in  convention,  the  mayor        convention. 
shall  preside,  but  shall  have  only  a  casting  vote. 

Clause  '2.  They  shall,  before  entering  upon  the  duties 
of  their  offices,  be  first  severally  sworn  or  affirmed  to  the 
faithful  discharge  of  the  same,  and  to  the  support  of  the 
constitution  and  laws  of  this  state,  and  of  the  constitution 
of  the  United  States,  in  the  form  and  manner  provided  for 
by  the  laws  of  this  state.  The  mayor  shall  first  be  duly  en- 
gaged ;  and  he  shall  then  receive  their  certificates  of  election 
from  the  me^nbers  elect  to  either  board,  who  have  not 
already  presented  the  same,  and  shall  administer  the  same 
oath  or  affirmation  severally  to  all  such  as  shall  not  have  been 
already  thus  engaged. 


Engagement  in 
office. 


Credentials. 


SECTION  IV. 


Clause  1.  The  mayor  and  aldermen  shall  compose  one 
board,  and  shall  sit  and  act  together  as  one  body  ;  at  all 
meetings  whereof  the  mayor  shall  preside,  but  shall  have 
only  a  casting  vote. 

Clause  2.  Said  board  shall  annually,  and  immediately 
after  its  organization  as  a  board,  elect  one  of  its  number 
president  of  .said  board,  who  shall  hold  said  appointment 
during  the  current  municipal  year. 

Clause  3.  The  president  thus  chosen  shall,  in  the  ab- 
sence of  the  mayor,  preside  over  said  board,  and  also  at  the 
meetings  of  the  city  council  in  convention  ;  and  in  the  ab- 
sence of  the  mayor  from  the  city,  or   in  case  of  his  death  or 


Board    of  A  Iderm  e  n , 
Act  of  186C,  Ch.  599. 


President,  his  elec- 
tion and  his  term  of 
office. 


President,  his 
powers. 


CITY    CHARTER. 


President  pro 
tempore. 


Act  of  1879,  Ch 
.Sec.  1. 


disability,  he  sliall  exercise  for  the  time   being  all   the  pow- 
ers and  duties  of  the  mayor. 

And  in  the  absence  from  the  city  of  both  the  mayor  and 
the  president  of  the  board  of  aldermen,  or  in  case  of  the 
death  or  disability  of  both  of  said  officers,  the  board  of 
aldermen  may  elect  a  president  pro  tempore  who  shall  per- 
form the  duties  and  exercise  the  powers  of  the  mayor  during 
such  absence,  or  while  the  vacancy  caused  by  such  deaths 
or  disability  shall  continue. 


SECTION  V 


Clause  1.     The  city  council  in  convention  shall  elect  an- 
Actof  1873,  Ch.  .'ill,   nually,  on   the   first   Monday   of  January,    an   officer   to  be 


City  clerk. 


Sec.  4. 


General  duties  of 
city  clerk. 


be  clerk  of  board 
of  aldermen. 


To  keep  record  of  all 
money*  received. 


Recorder  of  deeds. 


Act  of  187.3,  Cli.  .'ill, 
Sec.  4. 


Styled  the  city  clerk. 

Clause  2.  Said  city  clerk  shall  perform  all  such  duties 
as  may  be  prescribed  by  the  city  council,  or  by  the  board  of 
aldermen,  and,  in  addition  thereto  and  to  the  duties  pre- 
scribed by  this  act,  he  shall  discharge  the'  duties  and  exer- 
cise the  powers  by  law  incumbent  upon  or  vested  in  town 
clerks,  excepting  such  as  regard  matters  of  probate,  such  as 
pertain  to  the  office  and  duties  of  city  registrar,  and  such  as 
regard  the  recording  of  conveyances  and  other  instruments 
required  by  law  to  be  recorded. 

Clause  3.  He  shall  act  as  clerk  of  the  board  of  alder- 
men ;  shall  keep  a  journal  of  the  acts  and  proceedings  of 
said  board  ;  and  shall  deliver  over  all  journals,  books  and 
papers  entrusted  to  him,  as  such  city  clerk,  to  his  successor 
in  office,  immediately  upon  his  successor  being  chosen  and 
qualified  according  to  law. 

Clause  4.  He  shall  keep  an  accurate  record  of  all  fees 
or  moneys  received  by  him,  from  whatever  source,  in  a 
book  to  be  kept  for  that  purpose  by  him,  which  shall  be  at 
all  times  open  for  inspection  by  any  member  of  the  city 
council. 

Clause  5.  The  city  council  in  convention  shall  elect 
annually,  on  the  first  Monday  in  January,  an  officer  to  be 
styled  the  recorder  of  deeds,  who  shall  perform  all  the 
duties  and  exercise  the  powers  by  law  incumbent  upon  or 
vested  in  the   city  clerk  of  said   city,  or  the  town  clerks  of 


CITY     CHARTER. 


Deputy  recorder  of 
deeds. 


Act  (if  1885,  Ch.  5-28. 


.Assessors  of  taxes. 

Act  of  1886,  Ch.  68.1. 


the  .several  towns,  so  far  only  as  the  same  regard  the  record- 
ing of  conveyances  and  other  instruments  required  by  law 
to  be  recorded,  and  the  furnishing  of  certificates  or  copies 
thereof.  In  addition  thereto,  he  shall  perform  all  such  other 
duties  regarding  the  transfer  of  real  and  personal  estate  in 
said  city  as  the  city  council  may  from  time  to  time  prescribe. 

In  case  of  the  sickness,  absence  from  the  city  of  Provi- 
dence, or  other  inability  to  serve  of  the  recorder  of  deeds  of 
said  city,  the  mayor  thereof  may  appoint  some  person  to  be 
styled  deputy  recorder  of  deeds  in  said  city,  who  may 
perform  the  duties  of  said  recorder  of  deeds  during  the  sick- 
ness, absence  or  other  inability  of  said  recorder  of  deeds 
as  aforesaid,  unless  removed  from  ofhce  as  hereinafter  pro- 
vided. And  the  acts  of  said  deputy  in  the  performance  of 
said  duties  shall  have  the  same  effect  as  if  performed  by 
said  recorder  of  deeds.  Said  deputy  recorder  of  deeds  may 
at  any  time  be  removed  from  ofifice  by  said  mayor. 

Clause  6.  The  city  council  in  convention  shall  also  elect 
annually,  on  the  first  Monday  of  February,  one  assessor 
of  taxes  for  said  city,  who  shall  hold  his  office  for  the  term  of 
three  years ;  and  to  this  end  the  said  city  council  shall,  in 
the  month  of  June  A.  D.,  1886,  in  convention,  choose  three 
assessors  of  taxes,  one  to  serve  for  three  years,  one  to  serve 
for  two  years,  and  one  to  serve  for  one  year,  from  the  first 
Monday  in  February,  A.  D.  1880  ;  and  shall  annually 
thereafter  elect  one  assessor  as  hereinbefore  provided. 
Said  assessors  so  chosen  shall  constitute  the  board  of  assess- 
ors of  taxes  for  the  city  of  Providence. 

When   the   board  of  assessors  of  the  city  of  Providence      Assessment  to  be 

,      ,,     ,  111  r  1  r  delivered   to  the  city 

shall  have  completed  the  assessment  of   any  tax  hereafter   treasurer. 

ordered  by  the  city  council  of  said  city,  it  shall  be  the  duty  Act  ot  isti,  ch.  922, 

of  said  assessors  to  sign  and  deliver  a  certified  copy  of  said 

assessment  to  the   city  treasurer  of  said  city,      »       *       *     collection  of  ta.xes. 

and  said  city  treasurer  shall  proceed  to  collect  said  tax  at 

the  time  and   in  the  manner  provided  by  law  and    by  order 

of  said  city  council. 

The   city  treasurer  of  the   city  of  Providence  shall   per-     Collector  of  taxes. 
form   all   the  duties   and  exercise   all  the  powers  which  by   ^ct  of  isti,  ch.  922, 
law   are  imposed    upon   and  vested    in  collectors    of  taxes.  "  '^'^'   ' 


CITY    CHARTER. 


Deputies  of  city 
treasurer. 

Act  of  1868,  Cb.  735 
Sec.  4. 


Salaries  of  city  treas- 
urer and  liis  deputies. 


Act  of  1808,  Cli. 
Sec.  5. 


Superintendent  of 
public  buildings. 


Act  of  l.STl,  Ch.  94-.', 
Sec.  '2. 


Common  Council. 


Council  clerk. 


N'eai  and  n»v3. 


Said  city  treasurer  is  hereby  authorized  to  appoint  as 
many  deputies  as  may  be  necessary  for  his  assistance  in 
the  due  performance  of  the  duties  of  his  office.  Each 
such  deputy  shall,  before  entering  upon  the  duties  .of  his 
office,  be  approved  by  the  city  council  of  said  city,  and 
shall  be  sworn  and  give  bond,  with  sufficient  sureties  satis- 
factory to  the  board  of  aldermen  of  said  city,  for  the  faithful 
performance  of  the  duties  of  his  office,  as  such  deputy;  and 
said  city  treasurer  shall  be  at  all  times  responsible  to  said 
city  for  the  faithful  performance  of  their  duties  by  each  and 
all  of  his  said  deputies,  and  said  treasurer  may  discharge 
any  of  the  said  deputies  in  his  discretion. 

The  city  council  shall  fix  the  salary  for  said  city  treas- 
urer, and  a  salary  or  compensation  for  each  of  said  depu- 
ties, and  such  salary  or  compensation  shall  be  in  full  recom- 
pense and  satisfaction  for  all  their  services. 

*  *  *  'phg  superintendent  of  public  buildings  of 
said  city  of  Providence  shall  be  elected  by  the  said  city 
council,  in  convention  of  the  two  branches,  in  the  month  of 
January  in  each  year.     *     *     * 

SECTION  VI. 

Clause  1.  The  persons  chosen  and  qualified  as  mem- 
bers of  the  common  council  of  said  city  shall  sit  and  act  to- 
gether as  a  separate  body,  distinct  from  the  board  of  alder- 
men ;  except  in  those  cases  in  which  the  two  bodies  are  to 
meet  in  convention. 

Clause  2.  The  common  council  shall  annually  choose 
one  of  their  members  as  president ;  and  shall  also  choose  a 
clerk,  who  shall  be  sworn  to  the  faithful  discharge  of  the 
duties  of  his  office.  He  shall  attend  the  council  when  in 
session  ;  keep  a  journal  of  its  acts,  votes  and  proceedings  ; 
and  perform  such  other  services  in  his  said  capacity  as  the 
council  may  require. 

Clause  3.  The  yeas  and  nays  of  the  members  of  either 
board,  on  any  question,  shall  be  entered  on  the  journal  of 
such  board  ;  if  the  common  council,  by  the  desire  of  one 
fifth  of  the  members  present ;  if  the  board  of  aldermen,  liy 
(he  desire  of  any  member  of  said  board. 


CITY    CHARTER. 


Procedure. 
Elections 

.Act  of  188'.>,  Cli.  -"JT 


Quorum. 


Mayor. 


His  salary. 


Clausk.  4.  Each  board  may  determine  the  rule.s  of  its 
proceedings  ;  judge  of  the  election  of  its  own  members  ;  and 
in  case  of  *  *  *  vacancy  by  death,  resignation, 
absence  or  disability,  or  howsoever  otherwise  said  vacancy 
may  have  occurred,  may  order  new  elections. 

Clause  5.  A  quorum  for  the  transaction  of  business 
shall  consist  in  each  board  of  a  majority  of  the  members 
thereof. 

SECTION  VII. 

Clause  1.  The  mayor  of  said  city  shall  be  the  chief 
executive  officer  thereof,  and  shall  be  ex-ofificio  a  justice  of 
the  peace  within  the  city  ;  he  shall  be  compensated  for  his 
services  by  a  salary  to  be  fixed  by  the  city  council,  and 
shall  receive  no  other  compensation  or  emolument  what- 
ever. 

Clause  2.     It  shall  be  his  duty  to  b'e  at  all  times  vigilant    His  duty  to  enforc* 

the  laws. 

and  active  in  causing  the  laws  to  be  executed  and  enforced; 
and  in  order  to  enable  him  more  effectually  to  preserve  the 
peace  and  good  order  of  the  city,  all  the  powers  given  to 
sheriffs  and  other  officers  by  chapter  two  hundred  and 
thirteen  of  the  Revised  Statutes,  "  Of  offences  against  the 
public  peace  and  property,"  are  hereby  conferred  upon  him. 
Clause  3.  He  is  also  empowered  to  commit  to  prison 
for  purposes  of  prosecution,  and  for  a  term  not  exceeding 
twenty-four  hours,  any  dissolute  person  or  persons  who  may 
be  detected  in  revelling  in  the  streets,  committing  any  mis- 
chief, quarrelling  or  otherwise  behaving  in  a  disorderly 
manner,  to  the  disturbance  of  the  peaceable  inhabitants  of 
the  city.  He  is  also  empowered  to  enter  any  house  or 
building  which  he  has  reasonable  cause  to  suspect  to  be  in- 
habited by  persons  of  ill-fame,  or  to  which  persons  of  disso- 
lute, idle,  or  disorderly  character  are  suspected  of  resorting; 
and  if  any  such  persons  are  found  assembled  in  or  about 
any  such  house  or  building,  he  shall  command  all  such  per- 
sons immediately  to  disperse  if,  in  his  opinion,  the  good 
order  of  any  portion  of  the  city  require  it :  and  in  case  of 
neglect  or  refusal  to  obey  such  command,  he  is  hereby  au- 
thorized to  commit  any  person  or  persons  so  disobeying  to 


His  police  powers 


8  CITY    CHARTER. 

prison,  for  purposes  of  prosecution,  and  for  a  term  not  ex- 
ceeding twenty-four  hours,  and  if  need  be,  he  may  require 
the  aid  of  any  sheriff,  deputy  sheriff,  city  sergeant,  constable 
or  poUce  or  other  peace  officer,  or  all  of  them,  together  with 
such  other  aid  as  may  be  necessary. 

Supervision  of  subor-        CLAUSE  4.     He  shall  iuspect  the  conduct  of  subordinate 
dmate  o  cers.       officers,  and  causc  all  negligence,  carelessness  and  violation 

of  duty  to  be  duly  prosecuted  and  punished. 
Special  meetings.  Clause  5,     Whenever  in  his   judgment  the  good  of   the 

city  shall  require,  he  may  call  meetings  of  the  city  council, 
or  of  either  board  thereof,  although  any  of  such  bodies  may 
have  adjourned  to  a  more  distant  day. 
Communications.  Clause  6.     He  shall,  from  time  to  time,  communicate  to 

both  branches  of   the  city  council  all  such  information,  and 
recommend  all  such  measures,  as  the  business  and  interests 
of  the  city  may  in  his  opinion  require. 
Veto  power.  Clause  7.     Evcry  Ordinance,  resolution  or  vote,  to  which 

the  concurrence  of  the  common  council  and  the  board  of 
aldermen  may  be  necessary,  except  on  a  question  of  ad- 
journment, shall  be  presented  to  the  mayor.  If  he  approve, 
he  shall  sign  it;  but  if  not,  he  shall  return  it  to  the  board 
in  which  it  originated,  with  his  objections ;  and  if  it  shall 
then  pass  such  board  by  a  vote  of  three  fifths  of  all  the  per- 
sons elected  thereto,  it  shall  be  sent,  together  with  such  ob- 
jections, to  the  other  board;  and  if  approved  by  a  similar 
majority  of  that  board,  it  shall  become  a  law.  If  any  bill 
shall  not  be  returned  by  the  mayor  before  the  end  of  the 
Lapse  of  time.       meeting  holden  next  after  the  lapse  of  ten  days  subsequent 

Actof  1879,  cii.  744,   to  the   presentation   of   the  bill  to  him,  the  same  shall  be 

Sec   'I. 

a  law  in  like  manner  as  if   he  had  signed  it. 
Powers  of  mayor        CLAUSE  8.     The  mayor  shall  also  continue  to  exercise  all 

under   the    house   of       ,  .  ,  i   •         i  ,  .-.i      i    ,,  . 

correction  acts.  the  powcrs  uow  Conferred  upon  him  by  an  act  entitled  "An 

act  to  authorize  the  city  of  Providence  to  establish  a  house 
of  correction,  and  for  other  purposes,"  and  by  all  acts  in 
addition  thereto  or  in  amendment  thereof. 
Discontinuance  of  CLAUSE  9.  He  shall  also  havc  powcr  to  discontinue 
all  actions  brought  on  behalf  of  the  city  by  any  officer  for 
the  violation  of   any  of   the  ordinances  of  the  city  ;   and  to 

Di.tharge  of  defend-  order  the  discharge   of  the   parties   complained   against,  as 


CITY    CHARTER. 


well  before  as  after  conviction  in  such  action,  whenever  in 
his  judgment  it  is  best  for  the  interest  of  the  city  so  to  do. 


SECTION  VIII 

inpn    shall  pvprrisf  fhp     Powt 

aldermen. 


Clause  1.     The  mavor   and  aldermen  shall  exercise  the    i^^wers  of  mayor  and 

^  ^  aldermen. 

executive  powers  of  said  city  generally,  and  the  administra- 
tion of  police;  together  with  such  other  powers  as  now  are, 
or  hereafter  may  be,  conferred  upon  them  by  the  laws  of 
this  state  or  by  the  ordinances  of  the  city  council. 

SECTION  IX. 

Clause  1.  The  city  council  of  said  city  shall  have  power  cuy  council  powcLs. 
to  make  laws,  ordinances  and  regulations  for  the  govern- 
ment of  said  city,  relative  to  —  the  erection,  establishment 
and  regulation  of  public  markets  and  market  places,  and  to 
the  trade  thereof  —  to  the  streets,  sidewalks  and  highways 
of  said  city,  and  to  the  ordering  of  the  same  to  be  made, 
and  to  mending,  paving,  cleaning  and  lighting  the  same 
—  to  hackney  carriages,  trucks,  carts  and  other  vehicles, 
and  licensing  and  regulating  the  same  —  to  nuisances  within 
the  limits  of  said  city,  their  prevention  and  removal  —  to 
landing  places,  wharves,  the  anchoring  and  mooring  of 
vessels,  and  to  injuries  and  encroachments  upon  the  river 
and  harbor —  to  trees  planted  for  use,  ornament  or  shade  — 
to  public  walks  and  buildings  — to  chimneys  and  the  clean- 
ing thereof  —  to  fire-engines,  to  the  fire  department  of  said 
city,  and  the  protection  of  said  city  from  fires  —  to  the 
police  department,  and  the  security  of  the  city  from  riotous 
and  disorderly  persons  —  to  taverns,  cook-shops,  oyster- 
houses,  and  all  places  of  entertainment  —  to  the  assize  of 
bread  —  to  public  shows,  entertainments,  exhibitions  and 
spectacles,  and  the  licensing  or  prohibition  thereof  —  to  the 
construction,  use  and  regulation  of  theatres,  and  all  public 
places  of  amusement  —  to  the  public  health — -to  public 
burying  grounds,  and  the  burial  of  the  dead  —  to  foot  or 
sidewalks  in  the  streets,  and  to  posts,  gutters,  drains,  signs, 
steps,  cellar-doors,  windows  and  lamps  therein. 


10  CITY    CHARTER. 

Penalties.  Clause  2.     Said  cit}'  council  shall   also  have  the  power 

to  inflict  penalties  for  the  breach  of  any  of  such  ordinances  : 
provided,  that  such  ordinances  shall  not  be  contrary  to  the 
laws  of  this  state,  and  that  nothing  herein  contained  shall 
be  construed  to  exempt  offenders  from  the  punishment  or 
penalty  already  prescribed  by  the  laws  of  this  state  for  any 
of  the  offences  herein  described.  All  penalties  provided  for 
by  any  ordinance  of  said  city  shall  be  forfeited  to  the  use  of 
said  city,  or  to  such  persons  and  uses  as  shall  be  by  such 
ordinances  described,  and  they  may  be  sued  for  and  re- 
covered in  any  court  of  competent  jurisdiction. 
Lounging  on  bridges.        Said  city  couucil   is  hereby  authorized    and   empowered 

,,    „    „    „, ,     to  make  ordinances  prohibiting   lounging   upon   any  bridge 

Act  of  lS«i,  Cli.  354.  ^  *  b      fc>        r  :  fc. 

within  the  limits  of  said  city,  and  regulating  the  pas- 
sage of  vehicles  and  persons  over,  and  the  passage  of 
vessels  through,  any  drawbridge  within  the  limits  of  said 
city  ;  and  to  impose  fines  for  the  violation  of  such  ordi- 
nances. 

Sale  of  lost  or  stolen  *  *  *  Said  city  council  may  make  laws,  ordinances, 
regulations   and   orders     *     *     *     relative   to  the  sale  or 

Act  of  1875,  cii.  .Wi.  other  disposition  of  lost  or  stolen  property,  or  property  long 
unclaimed,  which  has  been  found,  recovered  or  otherwise 
come  into  the  possession,  charge  or  control  of  the  police 
force  of  said  city  of  Providence,  and  to  use,  devote  or  apply 
the  proceeds  thereof  to  such  purpose  or  purposes  as  said 
city  council  may  deem  proper  or  by  ordinance  determine. 
Electric  vvires.  *       *       *     Said  city  couucil  may  make  laws,  ordinances, 

Act  of  1880  cii  S04  regulations  and  orders  relative  to  the  putting  up,  laying,  use 
and  maintenance  of  telegraph  and  other  wires  and  appurte- 
nances thereto  under  and  over  the  highways,  streets,  side- 
walks, and  buildings  with  the  consent  of  the  owners  thereof, 
within  the  city  limits,  and  prescribing  the  conditions  there- 
of; and  may  also  by  ordinance,  resolution  or  order,  at  any 
time  and  from  time  to  time,  remove  any  and  all  telegraph 
and  other  wires  and  the  appurtenances  thereto  now  put  up, 
laid,  used  or  maintained,  or  which  may  hereafter  be  put  up, 
laid,  used  or  maintained,  within  said  city  limits,  which  it 
may  deem  dangerous  to  the  city  or  to  property,  whether 
from  fire  or  other  causes,  or  which  in   its  opinion  may  inter- 


CITY    CHARTER.  11 

fere  with  the  means  for  notice  of  fire,  or  precautions  against 
fire,  now  provided  or  which  may  hereafter  be  provided  by 
said  city. 

Clause  8.     The   citv  council  shall   also  have  power   to      school  taxes  and 

*  appropriations. 

assess  and  collect  taxes,  from  time  to  time,  in  the  same 
manner  as  other  city  taxes  are  assessed  and  collected,  and 
to  appropriate  the  same  ;  to  establish  and  maintain  free 
schools  therein,  and  to  defray  the  expenses  incident  thereto. 

Clause  4.     The  city  council  shall  have  power  to  appoint       cwef  of  police. 
*     *     *       triennially   from    and  after    the  first    Monday  in    Act  of  1889,  ch.  776. 
January   A.  D.,  1890,  an    officer   to  be    styled   the   chief  of 
police,  and  to  prescribe  his  duties  and  fix  his  compensation  ; 
and  also  to  appoint,  from  time  to  time,  all  such  other  officers       Other  officer*, 
as  may  be  needful  or  proper  to  carry  into  execution  the  powers 
or  laws  of  said  city,  unless  the  appointment  of  such  officers 
be  prohibited  by  law  ;  and  also  to  define  the  duties  and  fix 
the  compensation  of  all  officers  of  said  city. 

Clause  o.     The  city  council  shall  have  power  to  provide      saianes,  instead  of 

-  ,,  .  r        -It       ■.  rr  ^-  compensation  by  fees. 

for  the  compensation  of  all  city  officers,  or  persons  acting 
as  such,  by  establishing  a  salary,  payable  at  stated  periods, 
in  all  cases  where  by  law  such  officers  or  persons  now  are 
or  hereafter  may  be  empowered  to  demand  and  receive  fees 
for  services  rendered  by  them :  and  in  every  case  where 
such  salary  shall  be  so  established  by  the  city  council,  it 
shall  be  in  full  compensation  for  all  duties  performed  by 
such  officer  or  person,  and  every  such  officer  or  person  shall 
collect  all  fees  legally  demandable  by  him,  shall  keep  an 
accurate  record  thereof,  and  shall  pay  over  to  the  city  treas- 
urer, once  in  each  quarter  of  the  year,  all  moneys  thus  re- 
ceived by  him,  and  shall  at  the  same  time  hand  in  to  the 
city  treasurer  a  schedule  of  such  receipts  sworn  to  by  him- 
self. 

The  city  council  is  hereby  authorized  to  provide   by   ordi-        Return  of  fees, 
nance,  that  all  officers  of  said  city  receiving-  fees  or  moneys    ,      ^  ,,,,„  ^,^  ..„ 

'  J  ty  J        Act  of  1872,  Ch.  9(8. 

on  account  of  the  city  shall  make  return  to  the  city  treas- 
urer of  such  fees  and  moneys  at  such  time  as  the  ci^y 
council  shall  prescribe. 

Clauses  6  and   7.     The  city  council  may  by  ordinance   Salaries,  how  fixed, 
fix  the   salaries  of  city  officers  for  the  municipal  year  end-   Actofi894.ch.!i334. 


12  CITY    CHARTER. 

ing  on  the  first  Monday  of  January,  1878,  and  the  salaries 
so  fixed  shall  continue  in  force  until  changed  by  ordinance  : 
provided,  however,  that  after  said  first  Monday  of  January, 
1878,  the  salary  of  no  such  officer  shall  be  increased  or 
diminished  to  take  effect  during  the  municipal  year  in  which 
such  increase  or  diminution  is  made. 
Term  of  office.  CLAUSE  8.     Unless  whcrc  by  this  act  a  different  term  of 

ofiice  is  provided  for,  all  officers  of  the  city  shall  be  elected 
annually,  and  shall  hold   their  respective  offices  during  the 
current  municipal  year  for  which  they  were  elected,  or  until 
Vacancy  to  be  filled   their  successors  are  chosen   and  duly  qualified.     All  vacan- 

for  unexpired  term. 

cies,  unless  herein  otherwise  directed,  shall  be  supplied  for 
the  current  municipal  year. 

Removal  from  office.  CLAUSE  9.  The  city  couucil  may  by  a  concurrent  vote, 
two  thirds  of  the  members  elected  to  either  board  voting 
in  the  affirmative,  remove  all  officers  for  misconduct  or  in- 
capacity. 

Power  to  fill  vacancy        CLAUSE  10.     They  shall  also  have  power  to  fill  all  vacan- 

in  what  offices.  .  .    .  ^  .  ^       ,  .    .        ,       -_ 

cies,  arismg  from  any  cause,  in  any  of  the  municipal  oifices 
of   said    city,    except    those  of  mayor,  aldermen   and    com- 
mon   councilmen,    until  the  next  regular   election  of    such 
officers.     *     *     * 
Legislative  powers,         CLAUSE  11.       All    the    powcrs    vested    in    the    said    city 

how  exercised.  i      ,i     ,  •        i     i 

council  by  this  act   shall   be  exercised   by  concurrent  vote. 
Election  of  officers,   each  board  to  have  a  negative  upon  the  other;  but  all  elec- 

how  conducted.  .  .  •  i      i   i        i 

tions  of  officers,  unless  otherwise  provided  by  law,  shall  be 
had  in  convention  of  the  two  boards,  and  whenever  required 
by  any  member  of  the  convention  shall  be  by  ballot. 
Salaries  of  aldermen        CLAUSE  12.     Each  alderman,   and  each   member   of   the 

and   councilmen.  -i        i      n  •  r  i  •  •  i 

common  council,  shall  receive  for  his  services  an  annual 
salary  to  be  fixed  by  the  city  council,  and  shall  receive  no 
other  emolument  or  compensation  whatever;  and  no  mem- 
ber of  either  board  shall  be  eligible  to  any  office  of  profit 
within  the  gift  of  the  city  council  during  the  continuance  of 
such  membership. 
Responsibility  /or        CLAUSE  13.     The  city  council  shall  take  care  that  moneys 

finances  and  properly        ,      ,,  ,  ■  i    <■  i  i  ^      i 

of  the  city.  shall  not  be    paid  from   the  treasury  unless  granted  or   ap- 

propriated ;   they  shall    secure    a   just   and   proper   account- 
official  bonds.       ability  by  requiring  bond  with  sufficient  penalty  and  sureties 


CITY    CHARTER.  13 

from  all    persons   entrusted  with   the   receipts,  custody    and 

disbursements  of  moneys;    and  shall   fix  the  bonds  of    all 

officers  of  said  city,  and  in   such   amounts  as  they  shall  see 

fit.     They  shall  have  the  care  and  superintendence  of   the 

city  buildings  and  the  custody  and  management  of  all  city       cMty  property. 

property,  with  power  to  let  or  sell  what  may  be  legally  let 

or  sold,  and  to  purchase  and  take  in  the  name  of  the  city 

such  real  and  personal  property  as  they  may  think  useful  to 

the  public  interest. 

No    committee    or    commission    appointed    by    the    city  Vouciiers. 

council,   or    either    branch    thereof,  shall  draw  any   money   Act  of  1x79,  ch.  7-14, 
from  the  city  treasury  on  account  of  any  appropriation  until 
the  vouchers  for  which  the  expenditure  is  required  shall  be 
deposited  with  the  city  auditor,  or  such  other  officer  as  may 
be  prescribed  by  ordinance. 

Clause  14.     All  taxes  ordered  to  be  assessed  by  the  city  Taxation. 

council,  or  by  the  general  assembly,  shall  be  assessed,  ap- 
portioned and  collected  according  to  the  laws  of  this  state; 
and  the  city  council  shall,  as  often  as  once  in  each  year,  KxpenJiturcs. 
cause  to  be  published  for  the  information  of  the  citizens  a 
particular  account  of  receipts  and  expenditures,  and  a 
schedule  of  the  city  property. 

Clause  15.     All  ordinances   and  regulations  made   and     Ordinance?  to  be 

publislied. 

passed  by  said  city  council,  and  all  rules  and  regulations 
passed  by  the  board  of  aldermen,  shall  be  published  by  the 
city  clerk  in  such  newspapers  and  for  such  length  of  time  as 
said  council  and  said  board  of  aldermen  shall  respectively 
direct;  and  in  default  of  such  direction,  they  shall  be  pub- 
lished by  him  in  at  least  one  daily  newspaper  of  said  city 
and  during  at  least  three  days. 

Clause  1G.  No  ordinance  of  the  city  council  shall  be  Form  of  amendment. 
repealed,  altered  or  amended,  otherwise  than  by  ordinance  Act  ot  issi,  ch.  i^sc. 
in  due  form  repealing,  altering  or  amending  the  same. 

Said     city  council    may     by     ordinance     establish   a  law     Law  department. 
department    of    the    city    government,    and    regulate    the   Act  ot  i87-i,  ch.  408. 
same  from    time    to    time,    fixing    the    officers  of    which 
such  department  shall   consist,  their  terms   of  office,   their 
respective   duties  and  their  compensation.     The  officers  of 
the  law  department  shall  be  elected   by  the  city  council  by 


14 


CITY    CHARTER. 


concurrent  vote,  or  appointed  in  such  manner  and  at  such 
times  as  the  city  council  shall  by  ordinance  prescribe. 

SECTION  X. 

Judicial  powers.  CLAUSE  1.     The  judicial  powers  herein  granted  or  con- 

tinued to  said  city  shall  be  exercised  by  two  courts,  one  to 
be  styled  the  municipal  court,  and  the  other  the  police 
court;  and  each  of  said  courts  may  punish  for  contempt  by 
fine  and  imprisonment. 


SECTION  XL 


■  Municipal  Court.  CLAUSE  1.     The   municipal    court  shall    be  the  court  of 

Actof  1896,  ch.  371,   probate  for  the  city  of   Providence;   it   shall  be  holden  by 

one  judge,  to  be  appointed  by  the  city  council,   who  shall 

hold  regular  terms  at  such  times  and  in  such  place  in  said 

city  as  may  be  appointed  by  ordinance  of  the  city  council, 

and  may  adjourn  his  court  from  time  to  time;    and  in  case 

of  his  sickness  or  absence,  the  clerk  of  said  court,  who  shall 

also  be  appointed  by  said  city  council,  may  adjourn  the  same 

to  such  time  as  may  be  necessary  on  that  account. 

Court  fees.  CLAUSE  2.    All  fccs  allowed  by  law  in  said  court  shall  be 

Act  of  1896,  Ch.  .371,   taxed  and  collected  by  the  clerk  thereof,  and  shall  be  paid 

over  by  him  to  the  city  treasurer,  accompanied  by  a  sworn 

statement  thereof,  in  accordance  with  the.  provisions  of  this 

act  or  any  amendment  hereof. 

Clause  3.  It  shall  be  lawful  for  said  judge  so  to  vary 
the  forms  of  all  writs  or  other  process,  as  to  make  the 
the  same  consistent  with  the  organization,  style  and  juris- 
diction of  said  court ;  and  such  writs  and  process  shall  have 
the  same  effect,  validity  and  extent,  and  be  served,  obeyed, 
enforced  and  returned,  in  the  same  manner  and  by  the 
same  officers,  as  are  the  writs  and  process  from  the  com- 
mon pleas  division  of  the  supreme  court  and  from  probate 
courts  ;  and  they  may  also  be  served  by  any  constables 
of  said  city  who  are  authorized  to  serve  civil  process. 
Clause  4.     The  said  judge   shall   cause   records  of  the 


Writs  and  other 

process. 

Act  of  1896,  Ch.  37: 

Sec.  1. 


Clerk's  records." 


Act  of  1896,  Ch.  .371,   proceedings,  judgments,  orders   and  decrees   of  said  court 


Sec.  1. 


to  be  kept  by  the  clerk  thereof. 


CITY    CHARTER.  15 

Clause  5.     If  said  judge  shall   be  personally  interested      Procedure  in  case 

....  .  of  disqualification  of 

or  related  within    the   ninth  degree  to   a  party  in  any  cause    judge  or  clerk. 

in  said  court,  and  if  any  party  in  such  cause  shall  object  to   Act  of  1896,  cii.  37i, 

him  on  that  account,  the  mayor  and  aldermen  shall  appoint 

one   of   the   aldermen   to   constitute    said   court  and  act  as 

municipal   judge    in    that   cause,   who   shall    have  the  same 

power  as  the  municipal   judge.     In   case  the  clerk  of  said 

court  shall  be  a  party  in   any  writ  or   process  therein,  such 

writ  or  process  shall  be  signed  by  the  judge  thereof. 

Clause  (J.     In  case   of  the   sickness,  absence   from   the      Procedure  in  case 

,.,.,.  ,         .  ,    .      ,  .  1        °^    inability    of     tlie 

City,  or  other  inability  to  serve,  of  said  judge,  excepting  only   judge. 

inability  resulting  from  the  causes  specifically  mentioned  in    Act  of  isoo,  ch.  sti, 

Sec.  1 . 

the  preceding  clause,  the  mayor  may  appoint  some  person 
to  be  styled  acting  judge  of  the  municipal  court,  who 
may  perform  the  duties  of  said  judge  during  the  sickness, 
absence  or  other  inability  of  said  judge,  as  aforesaid,  unless 
removed  from  office  as  hereinafter  provided  ;  and  the  acts 
of  said  acting  judge  in  the  performance  of  said  duties  shall 
have  the  same  effect  as  if  performed  by  said  judge  of  the 
municipal  court.  Said  acting  judge  shall  receive  a  com- 
mission, and  shall  qualify  thereunder  as  provided  for  other 
officers  of  said  city,  and  may  at  any  time  be  removed  from 
office  by  the  mayor. 

SECTION  XII. 

Clause  1.     The  police  court  shall  consist  of  so  many  of        Police  Court. 
the  justices   of  the   peace  of  said  city,  not  exceeding  three.   Act  of  isoc,  ch.  sti, 
as  shall  be  annually  elected  by  concurrent  vote  of   the  city 
council,  or   oftener   in   case   of   vacancy  ;   and    all  the  juris- 
diction, power   and   authority  of  said   court  shall  be  vested 
in  any  one  justice  thereof. 

Clause  2.     Said   court   shall  be  considered  to  be  in  ses-  Sessions. 

sion  at  all  times,  and  at  such  place  or  places  in  said  city  as 
the  said  court  or  the  justice  holding  the  same  shall  appoint.  sec.  2. 

Clause  3.     Said  court  shall  have  original  jurisdiction  of        jurisdiction, 
all  offences  against  the  act  entitled  "An  act  to  authorize  the 
City  of  Providence  to   establish  a  house  of  correction,  and   ^"^"^  fec.'2^^'"^^^' 
for  other   purposes,"  and   all   acts   in    amendment   thereof, 
and   of   all   offences    against    the  ordinances,  by-laws,  rules 


16  CITY    CHARTER. 

and  regulations  of  the  freemen  of  the  town  of  Providence, 
of  the  town  council  of  said  town,  of  the  city  council  of  said 
city,  and  of  the  board  of  aldermen  of  said  city,  where  the 
fine,  penalty,  pecuniary  forfeiture,  forfeiture  of  personal  prop- 
erty, punishment  or  imprisonment,  for  any  one  offence  shall 
not  exceed  two  hundred  dollars  and  six  months  imprison- 
ment, or  two  hundred  dollars  in  value.  The  proceedings  in 
all  cases  in  said  court  shall  be  commenced  by  complaint  and 
warrant;  and  all  said  fines,  penalties,  pecuniary  forfeitures, 
forfeitures  of  personal  property,  punishments  and  imprison- 
ments, may  be  prosecuted  for,  recovered  and  imposed  on 
complaint  and  warrant  before  said  court,  and  on  appeal 
therefrom  before  any  proper  court  in  any  appellate  pro- 
ceedings. 
„    ,  .     ,        .  Clause  4.     Said  court  shall  keep  a  regular  docket  of  all 

Uocket  and  lecora.  t^  o 

Act  of  189G  ch  371    ^^^^^   therein,   shall  record   its   judgments,  orders  and  sen- 

Sec.  2.  tences,  and  furnish   certified  copies  thereof  when  required  ; 

for  which  copies  it  shall  receive  the  same  fees  as  are  by  law 

allowed   to  clerks   of    the   common   pleas   division     of    the 

supreme  court. 

Summary  proceed-  CLAUSE  5.  Said  court  shall  liave  power  to  issue  writs 
i"K3-  Qf     summons     for     witnesses,     and    compel     their     attend- 

Act  of  ^soG.^ch.  3ii,  ance,  and  to  punish  for  contempt  by  a  fine  not  exceeding 
twenty  dollars,  or  by  imprisonment  not  exceeding  ten. days. 
Said  court  may  also  issue  writs  of  habeas  coj-pus  ad testifican- 
diitu,  and  may  commit  to  the  Providence  county  jail,  house  of 
correction,  or  state  reform  school,  and,  upon  continuance 
of  any  complaint  or  proceeding  before  it,  may  take  recog- 
nizance to  the  state,  with  surety  or  sureties,  in  such  sum  as 
said  court  shall  think  proper,  with  condition  to  appear 
before  said  court  and  make  further  answer  to  such  com- 
plaint or  proceeding,  and  in  the  meantime  to  keep  the  peace  ; 
and  in  want  thereof  may  commit  to  the  Providence  county 
jail  or  to  the  state  reform  school,  until  such  recognizance 
shall  be  given,  or  the  parties  be  lawfully  discharged  there- 
from. 

Form  ami  service  of        CLAUSE   6.      It    shall    be   lawful   for   anv   iustice   of    said 

process.  ■'     ■' 

court  SO  to  prescribe  and  vary  the   form   of   all   complaints, 

Act  of  IHHC,  Ch.  :!71,  .  ,  "  ,  , 

Sec. '2.  warrants,    writs,   or   other   process,    as   to    make    the     same 


CITY    CHARTER. 


17 


Appeals. 

Act  of  189G,  Ch.  371, 
Sec.  2. 


consistent  with  the  organization,  style  and  jurisdiction  of 
said  court ;  and  such  complaints,  warrants,  writs  and  other 
process  shall  have  the  same  effect,  validity  and  extent,  and 
be  served,  obeyed,  enforced  and  returned  in  the  same 
manner  and  by  the  same  officers,  as  if  issued  from  the  com- 
mon pleas  division  of  the  supreme  court ;  and  they  may  also 
be  served  by  any  constables  of  said  city  who  are  authorized 
to  serve  process  in  civil  or  criminal  cases. 

Clause  7.  Every  person  aggrieved  by  any  sentence  of 
said  police  court  may  appeal  from  such  sentence  to  the 
common  pleas  division  of  the  supreme  court  in  Providence 
county,  in  the  same  manner  and  with  the  same  procedure, 
and  such  appeal  shall  be  disposed  of  in  said  common  pleas 
division  in  like  manner,  as  is  prescribed  in  the  case  of 
appeals  in  criminal  cases  from  the  sentence  of  any  district 
court. 

Clause  8.  Costs  taxed  by  the  said  police  court  shall  be 
the  same  as  those  taxed  by  district  courts,  and  the  payment  Act  of  isoo,  cii.  .^;i, 

Sec   2 

of  the  costs  shall  be  a  part  of  the  sentence. 

Clause    9.     All    moneys    derived     from    such    appeals.     Fines  and  costs  on 
whether  for  fine  and   costs,  or   otherwise,   including   costs  ^'^^'^^ ' 

,..,,.  ^  ,  ,      ,  ,      ,,     Act  of  1896,  Ch.  371 

imposed  in  said  police  court   on    such  appealed  cases,  shall  Sec.  2. 

be  paid  over  and  disposed  of  in  like  manner  as  moneys, 
obtained  in  cases  of  appeal  from  district  courts  to  said  com- 
mon pleas  division  in  criminal  cases,  are  paid  over  and 
disposed  of. 


Costs. 


SECTION   XIII. 


Clause  1.     [The  provisions  of  this  clause  for  division   by   the    Division  of  City  into 
city  council  of  the  city  into  wards  have   been  superseded;  commis-  waids. 

sions  authorized  by  the  General  Asseinbly  having  divided  the  city 
into  ten  wards,  the  last  division  being  made  August  14,  1900, 
under  Chapter  978,  of  June  13,  1900.] 

Clause  2.  *  *  *  The  city  clerk  shall  give  notice  in 
at  least  one  of  the  newspapers  printed  in  said  city  of  the 
times  and  places  of  all  ward  meetings. 

Clauses  o,  4  and  5.  The  qualified  voters  of  each  ward  in 
the  City  of  Providence  shall  on  the  Tuesday  next  after  the 
first  Monday  of  November  in  each  year  give  in  their  votes  in 

3 


Notice  of  ward 
meetings. 


Klection  of  aldermen 
and  councilmen. 


Act  of  189<!, 
-Sec. 


Ch.  4(l_', 
1. 


18  CITY    CHARTER. 

their  respective  voting  districts  for  one   alderman  and  four 
common   councilmen,  to   serve  for   one  year  from  the  first 
Monday    of    January    next    ensuing    and    until    others    are 
elected  and  qualified  to  fill  their  places. 
Quaiificatione  of  ai-        CLAUSE  6.     Each   alderman   and   each  common  council- 
dejrnen  and  council"   ^^^  ^^  votcd  for  shall   bc  a  qualified  voter  in  said  city  for 
aldermen   and    common    councilmen,  and    resident    in    the 
ward  for  which  he  is  elected. 
Election  of  mayor,        CLAUSE  7.     The    electors    of    Said    city    of    Providence, 
mEtinnrov^lrsee^   qualified  to  vote  for  general  officers,  shall  on  the  Tuesday 
of  the  poor.  ^^^^  after  the  first  Monday  in  November  of  each  year  give 

Act  of  1896,  ch.  4(i'j,  jj^  their  votes  in  their  respective  voting  districts  for  a  mayor, 
a  city  treasurer,  a  harbor  master,  an  overseer  of  the  poor, 
*  *  *  who  shall  hold  their  respective  offices  for  the 
term  of  one  year  from  the  first  INIonday  of  January  next  en- 
suing, and  until  others  are  elected  and  qualified  to  fill  their 
places. 

New  eieciions.  Clause  10.     *     *     *     In  casc      *     *     *      any  person 

A.  ,  iQ'o  r-,   -,.    elected  to   either  of  said    offices    shall    refuse  to  accept  his 

Act  of  18(9,  Ch.  i44, 

Sec.  3.  office,  or  shall  die  before  being  qualified   in  such  office,  the 

board  of  aldermen  shall   issue  warrants  for  another  election 
to  fill  the  vacancy.     *     *     * 

SECTION  XIV. 

Clause  1.     Expired. 

SECTION  XV. 

Clause  1.  All  persons  who,  by  the  provisions  of  the 
constitution  of  this  state,  are  entitled  to  vote  in  the  city  of 
Providence  for  aldermen  and  members  of  the  common 
council,  or  upon  any  proposition  to  impose  a  tax,  or  for  the 
expenditure  of  money,  are  hereby  declared  to  be  freemen, 
entitled  to  vote  in  all  meetings  held  in  said  city  for  the  pur- 
pose of  transacting  business  in  relation  to  the  property  and 
estate  devised  to  the  town  of  Providence  by  the  last  will 
and  testament  of  Ebenezer  Knight  Dexter,  and  denominated 
the  Dexter  Donation,  and  the  asylum  or  other  town  or  city 


Dexter  Donation . 


CITY    CHARTER. 


19 


property  connected  therewith.  And  it  shall  be  lawful  at  all 
times  for  such  freemen  of  said  city,  or  any  number  of  them 
not  less  than  forty,  to  hold  such  town  meetings  in  said  city; 
and  the  times  and  places  of  holding  such  meetings,  and  the 
warning  thereof,  shall  be  appointed  and  directed  by  the 
city  council;  and  the  proceedings  of  every  such  town  meet- 
ing shall  be  recorded  in  a  book  to  be  kept  for  that  purpose 
by  the  city  clerk,  who  shall  be  ex-ofificio  the  clerk  of  said 
meeting. 

SECTION  XVI. 


Town   meetings. 


Clause  1.     All    the    ordinances,    rules    and    regulations 
heretofore  made   by  the  city  council  or  the  board  of  alder-    E'^'stmg  ordinances 

•I  ^  continued. 

men  of  said  city,  and  now  in  force,  and  all  processes  made 
under  or  by  virtue  of  the  same,  shall,  notwithstanding  this 
act,  be  and  remain  in  force  until  they  shall  expire  by  lim- 
itation, or  shall  be  repealed  by  said  bodies  respectively  ; 
and  prosecutions  and  suits  may  be  commenced  and  pro- 
ceeded in  thereon,  in  the  name  of  said  city,  or  of  the  ofificers     Rights  and  oWiga- 

....  tions. 

or  other  persons  by  said  ordinances,  rules  and  regulations 
empowered  or  directed  to  prosecute  or  sue  ;  and  the  fines 
and  penalties  recovered  shall  go  to  the  uses  in  such  ordi- 
nances, rules  and  regulations  named,  or  according  to  law. 
Nothing  in  this  act  shall  be  construed  to  impair  any  right 
which  has  accrued,  or  discharge  any  obligation  which  has 
attached,  by  force  of  the  acts  to  which  this  act  is  in  amend- 
ment, otherwise  than  is  herein  specially  provided  for. 


SECTION  XVII. 

Clause  1.     All   acts  and  parts  of  acts  inconsistent  with    inconsistent  .icts  re- 
or  repugnant  to  the  provisions  of  this  act,  or  the  provisions  p^'ed. 

whereof  are   herein   enacted,  shall  be,  and    the  same   are, 
hereby  repealed. 


SECTION  XVIII. 


Clause  1.     This  act   shall   take  effect  immediately  upon   when  to  take  effect. 
and  after  its  passage. 


20  CITY    CHARTER. 

ADDITIONAL   FISCAL  POWERS. 


Ch8pt6r  739    an  act  authorizing  the  city  of  providence  to 

of  March  12, 18(58.  REGISTER  THE  BONDS  OF  SAID  CITY. 

Section  Section 

1.  Registration  of  city  bonds.  2.  Operative  clause. 

//  is  enacted  by  the  General  Assetnbly  as  foUoivs : 

Registration  of  city        SECTION  1.     The   city  council  of  the  city  of   Providence 
°"  *!  may  provide  by  ordinance  for  the  registration  of  any  of  the 

coupon  bonds  of  said  city  whenever  any  holder  of  any  such 
bond  shall  surrender  the  same  with  the  unpaid  coupons  be- 
longing thereto  to  the  city  treasurer  of  said  city  ;  and  said 
city  treasurer  shall  keep  such  record  of  the  same,  and  issue 
such  certificate  thereof,  as  said  city  council  shall  direct, 
which  certificate  shall  not  be  transferable  but  by  the  order 
of  the  person  to  whom  the  same  is  issued,  or  of  his  personal 
representative,  made  thereon  ;  and  upon  notice  to  said  city 
treasurer,  and  upon  the  reception  of  any  notice  of  such 
transfer,  it  shall  be  the  duty  of  the  said  city  treasurer  to 
enter  a  memorandum  thereof  upon  the  record  of  such  cer- 
tificate. 
Operative  clause.  Sec.  2.     This  act  shall  take  effect  from  and  after  its  pas- 

sage. 


Gll3Pt6r  310      "^^  ^^^  ^^  AUTHORIZE  THE  CITY  OF  PROVIDENCE  TO 
of  March  14, 1873.         ESTABLISH   A  BOARD  OF  COMMISSIONERS    OF  SINK- 
ING   FUNDS. 


Section 
1.  City  council  may  establish  board  of 
commissioners  of  sinking  funds. 


Section 

2.  Their  powers  and  liabilities. 

3.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  follows ; 
Commissioners  of  SECTION  1.     The  city  council  of  the  city  of   Providence 

sinkmg  funds.  -'  •' 

are  hereby  authorized  to  establish  by  ordinance  a  board  of 


CITY    CHARTER.  21 

commissioners  of  sinking  funds  who  shall  have  the  control 
and  management  of  all  sinking  funds  established  for  the  re- 
demption of  any  bonds  or  notes  heretofore  issued  by  said 
city,  or  which  may  hereafter  be  issued  by  said  city,  or  for 
the  redemption  of  any  bonds  now  held  or  which  may  here- 
after be  held  by  said  city. 

Sec.  *2.     Said   board   shall   have  all    the  powers  and    be     Their  powers  and 

,,,,.,.,..  ,         ,  .  ,  .,  liabilities. 

subject  to  all  the  liabilities  now  by  law  imposed  upon  the 
trustees  of  the  several  sinking  funds  established  by  said 
city,  but  shall  not  give  bonds  for  the  faithful  performance 
of  their  duties  unless  required  so  to  do  by  the  ordinance  of 
said  city. 

Sec.  3.     This  act  shall  take  effect  from  and  after  its  pas-      operative  cUuse. 
sage ;  and  all  acts  and   parts  of   acts   inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 


AN  ACT  AUTHORIZING  THE  CITY  OF  PROVIDENCE  TO  QhaptGr  323 
BORROW  MONEY  TO  PAY  ONE  HALF  OF  THE  STATE  of  April  21,  1882. 
TAX  DUE  ON  OR  BEFORE  JUNE  FIFTEENTH. 


Section 

1.  City  may  borrow   money   every  year 
for  portion  of  »tate  tax. 


Section 
2.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.     The   city   of   Providence   may,  in   each  and      city  may  borrow 

,  ,  ,  ,        money  for  portion  of 

every  year,  borrow  so  much  money  as  may  be  necessary  to  state  tax. 
pay  that  portion  of  the  state  tax  that  is  due  from  the  city  to 
the    state   on   or  before  the  fifteenth  of  June  in   each   and 
every    year,    and    may    give   its  negotiable   notes  therefor, 
which  shall  be  paid  during  the  month  of  October  thereafter. 

Sec.  2.     This  act  shall  take  effect  immediately  upon  its      Operative ciau»e. 
passage  ;  and   all    acts  and   parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 


22 


CITY    CHARTER. 


Chaotfir  1234  ^^  ^^^  ^^  relation  to  the  issue  of  bonds  of 

of  May  3, 1893.  THE  CITY  OF  PROVIDENCE. 


Section 

1.  Method   of   sale  of   city    bonds   and 
notes. 


Section 
2.  Operative  clause. 


Method  of  sale  of 
city  bonds  and  notes. 


Operative  clause. 


/t  is  enacted  by  the  Ge?ieral  Assembly  as  follotvs  : 

Section  1.  The  city  council  of  the  city  of  Providence 
may  by  resolution  or  ordinance  authorize  the  city  treasurer 
of  said  city,  acting  by  and  with  the  advice  of  one  of  the 
joint  standing  committees  of  said  council,  to  receive,  accept 
or  reject  on  behalf  of  said  city,  bids  for  the  sale  of  the  whole 
or  any  portion  of  any  issues  of  the  bonds  or  notes  hereto- 
fore authorized,  or  that  may  hereafter  be  authorized  to  be 
issued  by  said  city. 

Sec.  2.  This  act  shall  tal<e  effect  on  and  after  its  pas- 
sage. 


Chapter  1290 

of  April  13,  1894. 


AN  ACT  TO  PROVIDE  FOR  THE  PAYMENT  OF  THE 
BONDS  AND  NOTES  OF  THE  CITY  OF  PROVIDENCE 
IN  GOLD  COIN  OF  THE  UNITED  STATES,  IN  STER- 
LING, OR  IN  CURRENCY,  AT  THE  OPTION  OF  THE 
CITY  COUNCIL. 


Sectkin 
1.  Payment  of  future  city  bonds  or  notes 
in  gold  coin,  sterling,  or  currency. 


Section 
'1.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  follozi'S  : 


Payment  of  future        SECTION  1.     The  city  council  of  the  city  of  Providence  is 

city    bonds  or   notes 

in  gold  coin,  sterling,   hereby  authorized  and   empowered   to  provide  for  the   pay- 
or currency. 

ment   of    all   bonds   or  notes   of   said  city  hereafter  issued, 
both    principal    and    interest,  in   gold  coin   of   the  United 
States,  in  sterling,  or  in  currency  of   the  United   States,  at 
its  option. 
Operative  ciau.se.  Sec.  2.     All  acts  and  parts  of  acts  inconsistent  herewith 

are  hereby  repealed  ;  and  this  act  shall  take  effect  upon  its 
passage. 


CITY    CHARTER. 


23 


AN  ACT  AUTHORIZING  THE  CITY  COUNCIL  OF  THE 
CITY  OF  PROVIDENCE  TO  USE  FOR  GENERAL  PUR- 
POSES, ANY  UNEXPENDED  BALANCES  OF  TAXES 
ASSESSED  IN  ANY  YEAR,  FOR  PAYING  THE  INDEBT- 
EDNESS OF  THE  CITY  OR  THE  INTEREST  THEREON, 
OR  FOR  APPROPRIATION  TO  ANY  OF  THE  SINKING 
FUNDS,  OR  FOR  THE  APPROPRIATION  OF  THE  STATE 
TAX  ASSUMED  BY  THE  CITY  NOT  REQUIRED  FOR 
SAID  PURPOSES. 


Chapter  481 

of  Feb.  5, 1897. 


Section 

1.  Application  of  unexpended  balances. 


Section 
2.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.     The   city  council  of   the  city  of   Providence   Application  of  unex- 

.  pended  balances. 

IS  hereby  authorized  to  use  for  general  purposes,  unex- 
pended balances  of  any  tax  assessed  in  any  year,  for  paying 
the  indebtedness  of  the  city,  or  the  interest  thereon,  or  for 
appropriation  to  any  of  the  sinking  funds,  or  for  the  appro- 
priation of  the  state  tax  assumed  by  the  city,  not  required 
for  said  purposes. 

Sec.  2.     This  act  shall   take  effect  from  and  after  its  pas-     operative  clause, 
sage. 


AN  ACT  AUTHORIZING  TOWN  AND  CITY  COUNCILS  TO      nhantof  474 
COLLECT  FEES  FOR    LICENSES    AND    COMMISSIONS 
ISSUED  TO    OFFICERS    ELECTED    OR  APPOINTED  BY 
SUCH  COUNCILS. 


ot  May  21,  1897. 


Section 

1.  Fees  for  licenses  and  commissions. 


Section 

2.  Operative  clause. 


commissions. 


//  is  enacted  by  the  General  Assembly  as  folhnvs  : 

Section  1.     The  town  councils   of  towns  and  the  city   Fees  for  licenses  and 
councils  of  cities   and   the  boards  of  aldermen  thereof,  re- 
spectively, are   hereby   authorized  to  charge  and  collect  for 
licenses  and   commissions  issued  to  officers   elected   or  ap- 
pointed  by   them,  respectively,  such   fees  as  the  town  and 


24  CITY    CHARTER. 

city  council  or  the  board  of   aldermen   thereof,  respectively, 
shall  fix  by  ordinance  or  resolution. 
Operative  clause.          Sec.  2.     This  act  shall  take  effect  from  and  after  its  pas- 
sage. 


Chapter  660 

of  May  10,  1899. 


AN  ACT  IN  AMENDMENT  OF    SECTION  8  OF   CHAPTER 
36  OF  THE  GENERAL  LAWS. 


Section 
1.  Appropriations  for  public    celebra- 
tions,   and    for  band  concerts. 


Section 
2.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  follows  : 

Appropriations  for  SECTION  1.  Scction  8  of  Chapter  86  of  the  General 
HcTe'iebradon;.''a"!'d"  Laws  is  hereby  amended  to  read  as  follows  : 
for  band  concerts.  u  §£(,.  8.  The  Several  towns  may  appropriate  and  ex- 
pend in  each  year  for  the  celebration  of  the  anniversary  of 
American  independence,  and  of  other  public  occasions, 
money  as  follows,  namely  :  In  towns  having  a  population 
of  over  fifty  thousand  inhabitants,  a  sum  not  exceeding  five 
thousand  dollars,  *  *  *  Provided,  that  the  city  of 
Providence  may  appropriate  and  expend  in  each  year  the 
further  sum  of  three  thousand  dollars  for  any  such  celebra- 
tion or  celebrations,  or  for  band  concerts  in  one  or  more  of 
the  public  parks  of  said  city,  or  on  Dexter  Training  Ground, 
or  for  both  such  concerts  and  celebration  or  celebrations. 
#     #     *     _ 

Operative  clause.  Sec.   2.     This  act  shall  take  effect  from  and  after  its  pas- 

sage. 


CITY    CHARTER. 


25 


AN   ACT   PROVIDING    FOR    THE    EXPENDITURE  OP^   RE-      Q^gplgf  gyQ 
CEIPTS    FROM    SEWER   ASSESSMENTS    IN    THE    CITY 
OF  PROVIDENCE. 


of  Keb.  l.i,  1001. 


Section 

1.  Sewer  assessments   to   be  applied  to 

sewer  bond  sinking  fund. 

2.  Application  of,  by  city  treasurer. 


Section 

3.  Application  of  surplus;  and  provision 

by  city  council  for  deficit. 

4.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  foUotvs  : 

Section  1.     The   receipts  from  assessments  for  the  pay-      Sewer  assessment* 

r  •         I        r^-,  r     must    be  applied    to 

ment  of  the  cost  of  the  construction  of  sewers  in  the  City  ot  sewer  bond  sinking 
Providence,  made  under  the  authority  of  Chapter  313  of  the 
Public  Laws,  passed  at  the  January  Session,  1873,  and  the 
several  acts  in  amendment  thereof,  and  the  receipts  for  con- 
nections built  under  authority  of  Chapter  1336  of  the  Public 
Laws,  passed  at  the  May  Session,  1894,  or  any  amendment 
thereof,  shall  be  exclusively  used  for  the  payment  of  the 
annual  appropriations  for  sinking  funds  for  sewer  bonds 
issued  by  said  city,  excepting  such  amounts  as  may  from 
time  to  time  be  required  to  lawfully  refund  sewer  assess- 
ments 

Sec.  2.     The   receipts   from   said  sewer  assessments  and     AppHcation  of,  by 

.  city  treasurer. 

connections  during  each  fiscal  year  of  said  city  shall  be  held 

by  the  city  treasurer  for  the  payment  of  said  appropriations 

for  sinking  funds  for  the  second  fiscal  year  next  succeeding 

such  receipts. 

Sec.   3.      If  said  receipts  in  any  year  amount  to  more  than      Application  of  sur- 
plus   and    provision 

will  be  required  for  the  purpose  named  in  section  two  of  this  for  deficit. 
act,  the  surplus  shall  be  added  to  said  receipts  of  the  next 
succeeding  year.  If  said  receipts  in  any  year  amount  to  less 
than  will  be  required  for  the  purpose  named  in  section  two  of 
this  act,  the  city  council  of  said  city  shall  provide  for  an 
amount,  to  be  assessed  in  the  annual  city  tax  next  after  the 
fiscal  year  of  said  receipts,  suiificient  to  pay  the  difference 
between  said  receipts  and  the  amount  required  for  said 
sinking  funds. 

Sec.   4.     This    act    shall    take   effect   from    and   after  its      operative  clause 
passage. 
4 


26 


DEPARTMENT  OF  PUBLIC  WORKS. 


Chapter  815 

of  April  15,  ISSO. 


[Note. —  Chapter  815  of  the  Public  Laws,  passed  April 
15,  iSSO,  created  a  Board  of  Public  Works  to  be  composed 
of  three  persons  ;  Chapter  677,  of  March  23,  1888,  provided 
for  the  abolishment  of  said  Board  and  for  the  election  by 
the  City  Council  of  a  Commissioner  of  Public  Works  with 
all  of  the  powers  of  said  Board  ;  Chapter  869  of  May  1, 
1890,  provided  for  the  appointment  of  said  Commissioner 
triennially,  by  the  Mayor,  subject  to  the  approval  of  the 
Board  of  Aldermen,  with  all  of  the  powers  exercised  by  the 
former  Commissioner.  These  acts,  as  amended,  are  here 
presented  in  consolidated  form,  together  with  Chapter  813, 
of  May  31,  1889,  authorizing  said  Commissioner  to  employ 
a  secretary.] 

AN  ACT  IN  AMENDMENT  OF  CHAPTER  598  OF  THE 
STATUTES,  ENTITLED  "AN  ACT  TO  REVISE,  CON- 
SOLIDATE AND  AMEND  THE  ACT  ENTITLED  'AN 
ACT  TO  INCORPORATE  THE  CITY  OF  PROVIDENCE,' 
AND  THE  SEVERAL  ACTS  IN  ADDITION  THERETO 
AND  IN  AMENDMENT  THEREOF." 


Skctiiin  One 

Clause  1.  Commissioner  of  public  works, 
appointment  and  term  of  office. 

2.  .Salary. 

3.  Powers      and     duties ;       bridges  ; 

appointment  of  engineers. 

4.  City  engineer  and  assistants  ;  tenure 

of  office  and  salaries. 
r>.  Reports  on  bridges. 
G.  Salaries,  how  paid. 

7.  Commissioner's  secretary  and    his 

salary. 

8.  Employees  and  their  compensation. 
Section 

'2.  Sewers  and  drains. 

3.  Pawtuxet  water;    sewer  assessments. 

4.  Sewer  assessments,  how  to  be  made. 


Section 
5.  Re-assessment  for  sewers. 
C.  Right  to  connect  with  sewers. 

7.  .Sewer  assessments   to   be  a  lien  on 

estates  ;  when  and  how  payable. 

8.  Discount  for  anticipated  payments  of 

sewer  assessments. 

9.  Interest  and  expenses  on  delinquent 

payment  of  sewer  assessments. 

10.  Highway  powers  of  commissioner. 

11.  Construction  of  public   works  under 

ordinances  of  city  council. 

12.  Commissioner's  official  bond. 

13.  Offices  of  highway  and    water  com- 

missioners abolished. 

14.  Inconsistent  acts  repealed. 

15.  Operative  clause. 


DEPARTMENT    OF    PUBLIC    WORKS.  27 

//  t's  enactCil  by  iJic  General  Assetiibly  as  folhnvs  : 

Section   I.     The  mayor  of  the  city  of   Providence  shall,      commissioner  of 
in  the  month  of  February,  1891,  and  triennially  thereafter  in        '^"  "^  ^^""^  ^' 

.  .       .  .        Act  of  1890,  Ch.  809, 

the   month   of  February,  appoint   a  commissioner  of  pubhc  See  i. 

works  for  the  city  of  Providence,  which  appointment  shall  be 
approved  by  the  board  of  aldermen  of  said  city.  Said  com- 
missioner shall  hold  his  office  for  the  term  of  three  years 
from  the  first  Monday  in  March  following  his  appointment 
and  until  his  successor  is  appointed  and  qualified. 

The   city  council   of   said   city  may  from   time  to  time   in  Hissaiar- 

its   discretion,  fix,  change,  alter  and   regulate  by  ordinance   ^ct  of  isss  ch  f.TT 
the  salary  or  compensation  of  the  commissioner  of  public  Sec.  3. 

works. 

The  commissioner  of  public  works  for  the  city  of  Provi-     „  ^  ^  ,• 

i^  J  ^  Powers  and  duties. 

dence  now  in  office,  and   those  hereafter  to  be   appointed,    ^^,  ^j  ^^^^  ^.,,  3,59 
shall  have  all  the  authority,  power  and  duties  vested  in  and  See.  2. 

conferred  upon  the  board  of  public  works  by  this  act  and 
the  acts  in  amendment  thereof,  and  in  addition  thereto  ; 
shall  have  charge  of  the  construction,  maintenance  and  re- 
pairs of  all  public  bridges  in  the  city  of  Providence.  He  Bridees 
shall  also  have  control  of  the  engineering  department  of  Engineering. 
said  city,  and  shall  annually  on  the  first  Monday  of  May  in 
each  year  appoint  a  city  engineer  of  the  city  of  Providence, 
and  from  time  to  time  such  subordinate  engineers  and  as- 
sistants as  he  may  deem  necessary,  all  of  whom  shall  per- 
form such  duties  as  may  be  required  by  said  commissioner. 
The  city  engineer  of  the  city  of  Providence,  and  the  sub- 

_  _  Tenure  of  office  of 

ordinate  engineers  and  assistants  appointed  by  the  commis-  city  engineer  and  his 

_  ■'  assistants. 

sioner  of  public  works,  shall   hold  their   offices  durins:   the 

^  '  ^  Act  of  1890,  Ch.  8G0,. 

pleasure  of  said  commissioner,  but  not  exceeding  his  term  Sec  3. 

of  office.     Said  city  engineer  and  said  subordinate  engineers 

and  assistants  shall  receive  salaries  to  be  fixed  bv  said  com-  ,   . 

'  Salaries. 

missioner,  subject  to  the  approval  of  the  board  of  alder- 
men of  said  city. 

The  commissioner    of  public  works  shall    annually    and 

■'  Repoits  on  bridges. 

oftener  if,  in    his  opinion,  it  shall    be   necessary,  or   if  re-  ,  ,„„„    ,     ,„ 

'  "^  '  ■"  Act  of  1890,  Ch.  8G9, 

quired  so  to  do  by  either  branch  of  the  city  council,  make  a  See.  4. 

careful  examination   of  any  or  all  the  public  bridges  afore- 


City  Engineer. 


salary. 
Act  of  1889,  Ch.  813. 


28  DEPARTMENT    OF    PUBLIC    WORKS. 

said,  and  shall  make  to  that  branch  of  the  city  council  re- 
questing the  same  such  reports  respecting  the  condition 
thereof  as  to  safety  and  need  of  repair,  or  renewal,  as  in  his 
judgment  may  be  required.  The  commissioner  of  public 
works  shall  make  a  written  or  printed  report  to  the  city 
council  in  the  month  of  January  in  each  year,  stating  the 
condition  of  all  bridges  in  the  city,  or  for  which  the  city  is 
in  any  way  responsible,  and  shall  also  with  such  report 
present  an  estimate  of  the  probable  cost  of  repairs  upon 
each  of  the  same  for  the  ensuing  year. 
Salaries,  how  paid.  The  city  treasurer  of  the  city  of  Providence  shall  pay  to 
Act  of  1890,  cii.  8G9,  the  Said  officers  hereinbefore  named,  monthly,  the  several 
compensations  herein  provided  for. 
Secretary  and  iiis  The  commissioncr  of  public   works  of  the  city  of  Provi- 

dence is  hereby  authorized  to  employ  a  secretary  and  fix  his 
compensation  at  a  sum  not  to  exceed  three  thousand  dol- 
lars annually.  The  city  treasurer  of  said  city  shall  pay  to 
the  secretary  employed  as  aforesaid,  monthly,  the  compen- 
sation fixed  by  the  said  commissioner,  but  not  to  exceed 
three  thousand  dollars  annually. 
Employees,  The    Commissioner  of    public  works  of  the  city  of  Provi- 

Act  of  1885,  cii.  530.  dcucc  may  employ  such  agents  and  servants  as  he  may 
deem  necessary  and  agree  with  them  for  their  compen- 
sation :  provided,  however,  that  said  commissioner  shall  not 
authorize  the  payment  to  any  of  his  agents  or  servants  of 
compensation  in  excess  of  the  sum  of  one  thousand  dollars 
per  annum,  unless  such  compensation  shall  have  first  been 
approved  by  the  city  council  of  said  city  ;  and  provided 
further,  that  the  aggregate  amount  paid  for  such  compensa- 
tion shall  not  exceed  the  amount  appropriated  therefor  by 
said  city  council ;  which  said  compensation  shall  be  paid 
out  of  the  city  treasury. 
Sewers  and  drains.  Sec.  2.  The  commissioncr  of  public  works  shall  have, 
Act  of  1880,  cii.  815,  subjcct  to  the  control  of  the  city  council,  the  general  charge 
and  management  of  the  construction,  reparation  and  mainten- 
ance of  all  common  sewers  and  drains,  whether  laid  in  pub- 
lic streets  or  through  private  property. 
Pawtuxet  water.  Sec.  8.     The  Said  city  council  may  by  ordinance  confer 

Act  of  1880,  cii.  815,    upon    Said  board    all   the    authority    conferred    upon    and 


DEPARTMENT    OF    PUBLIC    WORKS. 


29 


given  to  said  city  by  Chapter  640  of  the  statutes,  passed  Jan- 
uary session,  1866  :  also,  said  commissioner  shall  have  the 
power  to  make  all  assessments  authorized  to  be  made  under 
the  provisions  of  Chapters  807,  passed  January  session,  1869, 
and  981,  passed  January  session,  1871,  of  the  statutes,  and  of 
Chapter  818  of  the  public  laws,  passed  January  session  1873, 
and  the  several  acts  in  amendment  thereof,  and  under  the 
provisions  of  this  act,  for  the  payment  of  the  costs  of  the 
construction  of  sewers  already  built,  or  which  may  be  here- 
after built,  under  the  provisions  of  said  chapters  or  this  act. 

Sec  4.  All  such  assessments  shall  be  made  upon  estates 
abutting  upon  that  portion  of  any  street  or  highway  in  which 
any  sewer  has  been  or  may  be  constructed  under  the  pro- 
vision of  said  chapters  and  of  this  act,  at  the  rate  of  sixty 
cents  for  each  front  foot  of  such  estate  upon  such  street  or 
highway,  and  one  cent  for  each  square  foot  of  such  estates 
between  such  street  or  highway  and  a  line  not  exceeding 
one  hundred  and  fifty  feet  distant  from  and  parallel  with 
the  line  of  such  street  or  highway  :  provided,  however,  that 
where  any  estate  is  situated  between  two  streets  or  highways, 
the  area  upon  which  said  assessment  of  one  cent  per  square 
foot  is  made  shall  not  extend  to  more  than  one  half  the  dis- 
tance between  such  streets  or  highways  ;  and  provided  a/so, 
that  when  any  estate  is  situated  at  the  corner  of  two  streets 
or  highways,  or  otherwise  so  situated  as  to  be  assessed  for 
the  expenses  of  making  a  sewer  on  one  of  such  streets  or 
highways,  that  portion  of  such  estate  assessed  for  a  sewer  in 
one  of  such  streets  or  highways  shall  not  be  Hable  to  be  as- 
sessed upon  its  area  for  the  cost  of  constructing  a  sewer  in 
the  other  of  such  streets  or  highways,  but  only  for  its  front- 
age upon  such  streets ;  and  provided  also,  that  no  estate  or 
portion  of  estate  shall  be  assessed  for  the  construction  of 
any  sewer,  unless  such  estate  or  some  portion  thereof  shall 
abut  and  be  bounded  upon  the  street  on  which  said  sewer 
shall  have  been  constructed,  or  unless  such  estate  has  a  right 
of  access  to  said  street  or  highway  by  a  private  gangway. 

Sec.  0.  Any  land  or  estate  which  has  been  heretofore 
assessed  for  a  sewer  tax  the  collection  of  which  has  been 


[Conferred  by  ordi- 
nance, December  19, 
1884,  and  now  exer- 
cised by  the  commis- 
sioner.] 

Sewer  assessments. 


Sewer  assessments, 
how  to  be  made. 


Actof  1880,  Ch.  81.5 
Sec.  i. 


Rate   of  assessment. 


Area  between  streets. 


Assessment  for  more 
than  one  sewer. 


Exemption  from 
assessment. 


Re-assessment. 

Act  of  1880,  Ch.  815, 
Sec.  5. 


Act  of  1880,  Ch.  815, 


30  DEPARTMENT    OF    PUBLIC    WORKS. 

forbidden  by  Chapter  685  of  public  laws,  passed  May  31, 
A,  D.  1877,  and  any  land  or  estate  already  assessed  for  a 
sewer  tax  which  has  been  collected,  which  shall  have  been  or 
may  be  refunded  under  the  provision  of  said  chapter,  may  be 
re-assessed  whenever  any  sewer  shall  be  constructed  in  any 
street  or  highway  upon  which  said  land  or  estate  or  some 
part  thereof  shall  abut. 
Right  to  connect  ^EC.  6.     When  any  such  assessment  shall  be  made  upon 

any  land  for  the  expense  of  constructing  any  such   sewer, 
Sec.  6.  the   owner  of  the  land  so  assessed  shall  have  the  right   to 

connect  such  land  with  such  sewer  under  such  general  rules 
and  regulations  as  said  commissioner  of  public  works  shall 
prescribe,  upon  executing  to  said  city  a  release  of  all  damages 
which  may  at  any  time  happen  to  such  estate  in  any  way  re- 
sulting from  such  connection. 
Assessments  to  be        ^EC.   7.     All  asscssments   made  under  the  authority  of 
how"toTe'^paSr"'^  this  act  shall  be  a  lien  upon  the  the  estate  upon  which  they 
Ho,«  ^,   o,.    are  made  from  the  date  upon  which  they  are  certified  by 

Act  of  1880,  Ch.  815,  ^  -^  _  -' 

Sec.  7.  sai(j  commissioner  to  the  city  treasurer  for  collection,  and 

shall  be  due  and  payable  one  year  after  the  lodgment  thereof 
as  aforesaid  :  provided^  hoivever,  that  if  one  third  of  any  such 
assessment  shall  be  paid  to  the  city  treasurer  on  or  before  the 
day  the  same  becomes  due  and  payable,  the  remainder  of 
such  assessment  may  be  and  remain  unpaid  for  one  year 
from  the  day  the  said  assessment  was  due,  when  the  same 
with  six  per  centum  interest  thereon  shall  become  due  and 
payable  ;  and p7-ovided further,  that  if  the  one  half  of  said  as- 
sessment then  remaining  unpaid,  and  all  interest  upon  the 
whole  amount,  shall  then  be  paid  to  said  city  treasurer,  the 
remainder  of  said  assessment  shall  not  be  due  and  payable 
until  one  year  from  the  last  named  date,  when  it  and  six  per 
centum  thereon  as  interest  shall  be  due  and  payable.  If,  how- 
ever, either  of  such  sums  or  parts  of  such  assessments  shall 
not  be  paid  on  or  before  the  date  that  either  of  them  shall 
become  due  and  payable  as  aforesaid,  then  and  in  that  case 
the  whole  assessment  shall  be  due  and  payable,  and  shall 
thereafter  bear  interest  at  the  rate  of  seven  per  centum  per 
annum,  and  shall  be  collected  as  the  ordinary  taxes  of  the 
city  are  collected. 


DEPARTMENT    OF    PUBLIC    WORKS.  31 

Sec.   S.     Any  person  paying  the  whole  of  any  assessment   Discount  for  antki- 
so  made  upon  any  estate  as  aforesaid,  before  the  expiration      ^''^'^^  payments, 
of   one  year   after  the   same  shall   be   certified  to  the  city     ^' "  sec.'s. '" '    ' 
treasurer,   shall    be   entitled   to   receive  and  may  receive  a 
discount  thereon  at  the  rate  of  six  per  centum  per  annum 
to   the  time    said    assessment    is  due  and   payable  as  first 
aforesaid. 

Sec.   9.     Any  person   may  pay  the   amount   of   any   such   interest  and  costs  on 

.  ,      ,  1  i.1  4.  i-  rt        4.1  delinquent  payments. 

assessment  or  balance  due  thereon,  at  any  time  after  tlie  ex- 
piration of  one  year  after  the  same  shall  be  certified  to  the  ^  "  scC'd.  ^'  "*' 
city  treasurer  as  aforesaid,  by  paying  in  addition  thereto 
interest  at  the  rate  of  six  per  centum  per  annum  from  the 
time  said  assessment  is  due  and  payable  as  first  aforesaid, 
with  all  the  expenses  incurred  for  the  collection  thereof,  if 
any  there  be. 

Sec.  10.     The  commissioner  of  public  works  shall  have      Highway  powers, 
and  exercise  all  the  powers  now  by  law  vested  in  surveyors  of   ^^-tof  tsso  ch  sis 
highways  and  highway  commissioners.  Sec.  lo. 

Sec.    11.     The    said   city  council    may  also  by  ordinance         Public  work 
confer  upon  said  commissioner  the  power  to  construct,  re-   Act  of  issn  ch  8i5 
pair  and  maintain  bridges  and  such  other  public  works  and 
public  buildings  as  said  city  council  may  deem  expedient. 

Sec.   1'2.     The  said  city   council    may     *     *     *     *     re- 
quire  said  commissioner  to  give  bond  to  the  city  for  the   Act  of  isso  cu.  sis 
faithful  performance  of  the  duties   of  his  office,   with  such  Sec.iJ. 

conditions  as  said  city  council  shall  prescribe. 

Sec.   lo.      Upon  the  election  of  the  board  of  public  works,      offices  abolished. 
the  term  of   office  of  the  highway  commissioners  and  water   Act  of  issn,  ch.  8ir> 
commissioners  shall  terminate.  ^'^'^'  ^'^' 

Sec.  14.  All  acts  and  parts  of  acts  inconsistent  with  the  luconsistent  acts 
provisions  of  this  act  are  hereby  repealed.  repealed. 

Sec.  15.  This  act  shall  take  efi;ect  on  and  after  its  pass-  operative  clause. 
age. 


Sec.  11. 


Official  bond. 


32 


DEPARTMENT    OF    PUBLIC    WORKS. 


Chapter  899 

of  June  3,  1881. 


Exemption  of  cem- 
eteries from  sewer  as- 
sessments. 


Operative  clause. 


AN  ACT  IN  AMENDMENT  OF  CHAPTER  813  OF  THE 
PUBLIC  LAWS,  ENTITLED  "AN  ACT  ESTABLISHING 
A  BOARD  OF  PUBLIC  WORKS  IN  THE  CITY  OF  PROVI- 
DENCE." 


Section 
1.  Exemption  of  cemeteries  from  sewer 
assessments. 


Section 
2.  Operative  clause. 


//  IS  enacted  by  the  General  Assembly  as  follows  : 

Section  L  All  lands  in  the  city  of  Providence  held  by 
religious  and  cemetery  corporations  for  cemetery  purposes 
shall  be  exempt  from  the  payment  of  any  and  all  assess- 
ments for  the  construction  of  sewers  made  in  pursuance  of 
the  provisions  of  Chapter  ol3  of  the  public  laws,  so  long  as 
such  lands  shall  be  held  and  used  solely  for  such  purposes  : 
provided,  that  all  assessments  made  for  the  construction  of 
sewers  on  such  lands  under  the  provisions  of  said  Chapter 
318  of  the  public  laws,  or  any  acts  in  amendment  thereof  or 
in  addition  thereto,  shall  be  and  remain  for  thirty  years  a 
lien  on  said  lands,  without  interest,  and  the  city  of  Provi- 
dence may  enforce  the  collection  of  said  assessments  when- 
ever said  lands  or  any  portion  thereof  shall  be  abandoned 
for  cemetery  purposes,  in  the  same  manner  as  other  sewer 
assessments  are  collected  or  enforced. 

Sec.  -.  All  acts  and  parts  of  acts  inconsistent  herewith 
are  hereby  repealed  ;  and  this  act  shall  take  effect  upon  its 
passage. 


Chapter  1239 

of  May  4,  1S'J3. 


AN   ACT   IN    AMENDMENT    OF    AND    IN    ADDITION    TO 

CHAPTER  313  OF  THE  PUBLIC  LAWS,  PASSED  MARCH 

28,  1873,  ENTITLED  "AN  ACT  TO  ESTABLISH  A  BOARD 

OF    PUBLIC    WORKS   IN  THE    CITY  OF  PROVIDENCE," 

AND  TO  CHAPTER  702  OF  THE  PUBLIC  LAWS,  PASSED 

MAY  30,  1878. 

Section  1.     Life  tenant  paying  sewer  assessments  made  under  chapter  313,  of  March 
28,  1873,  may  enforce  contribution  from  remaindermen. 

//  i.s  enacted  by  the  General  Assembly  as  follo7vs  : 
Life  tenants  may        SECTION  1.     Whenever  the  owucr  of  a  life  interest  in  any 

enforce    contribution  ,  ,         , ,  .  ,  ^t.i-i  i  jr  i 

from  remaindermen,   cstatc  assesscd  uudcr  "An  act  to  establish  a  board  ot  pub- 


DEPARTMENT    OF    PUBLIC    WORKS. 


33 


lie  works  in  the  eity  of  Providenee,"  or  under  the  act  en- 
titled "An  act  in  relation  to  laying  out  and  making  main 
drains  and  sewers  in  the  town  of  Pawtucket,"'  and  any  acts 
in  amendment  of  said  acts  respectively,  for  the  construction 
of  a  sewer,  has  paid,  or  who  shall  hereafter  pay,  the  whole 
amount  of  the  assessment  against  said  estate,  he  may  re- 
cover of  the  owner  of  said  estate,  subject  to  said  life  inter- 
est, such  proportional  part  of  said  assessment  as  the  value 
of  the  estate  subject  to  said  life  interest  bears  to  the  value 
of  the  life  interest,  by  an  action  on  the  case  or  by  bill  or 
partition  in  equity. 


AN  ACT  AUTHORIZING  THE    COMMISSIONER    OF    PUB-    QhaDtGr   133B 

Lie  WORKS  OF  THE  CITY  OF  PROVIDENCE  TO  BUILD       „(  jme  l-',  1894. 
SEWER  CONNECTIONS  INSIDE    THE    LINE    OF  CURB- 
ING ON  STREETS  WHEN  SEWERS  ARE  CONSTRUCTED. 


Sf.ction 

1.  Connections  with  sewers  to  be  paid 
for  by  owner  of  abutting  estate. 


Section 
2.  Operative  clause. 


//  /s  enacted  by  the  General  Assembly  as  folloivs  : 


Section  1.     Whenever  a  sewer  shall   be   hereafter   con-      Connections    with 

,j.  .  ,  1-1  -^i  -^  rn  •!  sewers  to  be  paid  for 

structed  in  any  street  or  highway  in  the  city  of  Providence,  by  owner  of  abutting 
the  commissioner  of  public  works  of  said  city  of  Providence 
may  cause  to  be  built  such  connections  with  said  sewer  as 
he  may  deem  advisable,  and  may  cause  such  connections 
to  be  extended  inside  of  the  curbing  and  not  further  than  to 
the  boundary  line  of  the  abutting  estate  ;  and  the  expense 
of  said  sewer  connections  so  built  shall  be  paid  for  by  the 
abutting  owners,  and  such  expense  shall  be  secured  by  lien 
on  the  abutting  estate,  and  be  collected  in  the  same  manner 
as  provided  by  law  for  the  collection  of  other  sewer  assess- 
ments by  said  city. 

Sec.  2.     This  act  shall  take  effect  from  and  after  its  pas-      operative  clause 
sa^e. 


34 


DEPARTMENT    OF    PUBLIC    WORKS. 


Chapter  632 

of  February  17,  ItSOO. 


AN    ACT    IN    RELATION  TO  SEWERS   IN   THE  CITY  OF 
PROVIDENCE. 


Section 

1.  Use  of  sewers  may  be  regulated  by 
ordinance. 


Section 
'2.  Penalties. 
3.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  follozvs  : 


Use  of  sewers  may 
be  regulated  by  ordi- 
nance. 


Penalties. 


Operative  clause. 


Section  1.  The  city  council  of  the  city  of  Providence  is 
hereby  authorized  from  time  to  time  to  prescribe  rules  and 
regulations  relative  to  the  use  of  the  common  sewers  of  said 
city,  and  by  general  ordinance  forbid  the  introduction  or 
turning  into  said  sewers  of  any  substance  injurious  or  detri- 
mental to  said  sewers  or  to  the  public  use  thereof. 

Sec.  -.  Any  person  violating  any  of  such  rules,  regula- 
tions or  orders  shall  be  fined  not  exceeding  twenty  dollars 
for  each  such  violation,  and  not  exceeding  twenty  dollars 
for  each  additional  day  that  any  such  violation  shall  con- 
tinue, as  may  be  prescribed  by  ordinance  of  said  city  coun- 
cil, and  shall  also  be  liable  in  an  action  of  the  case  for  all 
damages  caused  to  said  city  or  to  any  person  by  any  such 
prohibited  act. 

Sec.  3.  All  acts  and  parts  of  acts  inconsistent  herewith 
are  hereby  repealed  ;  and  this  act  shall  take  effect  from  and 
after  its  passage. 


Chapter  640 

of  March  8,  1866. 


AN  ACT    FOR  SUPPLYING    THE    CITY  OF  PROVIDENCE 
WITH  PURE  WATER. 


Section 

1.  Source  of  water  supply. 

2.  Powers  conferred  for  the  introduction 

and  supply  of  water. 

3.  \Vater  commissioners. 

4.  Damages  for  lands  and  water  rights. 


Section 
5.  Regulation  of  use  of  water. 
C.  Liability  for  use  of  water. 
7.  Penalty   for   injury   to   water    or    to 

water-works. 
S.  W'ater  bonds. 


//  is  enacted  by  the  General  Assembly  as  folhnvs : 


Source  of  water 
supply. 


Section  1,     The  city  of  Providence  is  authorized,  in  the 
manner  hereinafter  provided,  to   convey  into   and  through 


DEPARTMENT    OF    PUBLIC    WORKS.  35 

said  city  the  waters  of  the  Pawtuxet,  Blackstone,  Ten  Mile 
or  Woonasquatucket  rivers,  for  the  purpose  of  furnishing  a 
supply  of  pure  water  for  said  city  ;  and  the  city  council  of 
said  city  shall  determine  from  which  source  to  bring  said 
water,  after  the  tax-payers  thereof  shall  have  decided  to  in- 
troduce the  same  into  said  city. 

Sec.  -.     The   said   city  of   Providence  is  hereby  author-      Powers   conferred 

,  ,       ,  r         •  J     upon  the  citv  for  the 

ized  to  acquire  by  purchase,  and  to  hold,  the  waters  ot  said   introduction  and sup- 

•    1  i.     1     ply  of  water. 

streams,  or  either  of  them,  and  any  water  rights  connected 
therewith,  and  may  also  purchase,  take  and  hold  any  real 
estate  necessary  for  laying  aqueducts  and  forming  reser- 
voirs, and  for  any  of  the  purposes  of  this  act ;  and  may 
build  one  or  more  permanent  acqueducts  from  the  said 
water  sources,  selected  and  determined  upon  as  aforesaid, 
into  and  through  said  city,  and  secure  and  maintain  the 
same  by  any  proper  works,  and  may  connect  said  water 
sources  with  one  another  ;  may  erect  and  maintain  dams  to 
raise  and  retain  the  waters  therein  ;  and  make  and  main- 
tain reservoirs  within  and  without  the  said  city  ;  and  in  gen- 
eral may  do  any  other  act  necessary  or  convenient  for  the 
purpose  of  this  act ;  and  may  distribute  the  water  through- 
out the  city,  regulate  its  use,  and  the  price  to  be  paid  there- 
for, within  and  without  the  city ;  and  said  city,  for  the  pur- 
poses aforesaid,  may  carry  any  works  by  them  to  be  con- 
structed over  or  under  any  highway,  turnpike,  railroad  or 
street,  in  such  manner  as  not  to  permanently  obstruct  or 
impede  travel  thereon  ;  and  may  enter  upon  and  dig  up  any 
highway,  turnpike-road  or  street,  for  the  purpose  of  laying 
down  pipes  or  building  aqueducts  upon  or  beneath  the  sur- 
face thereof,  or  for  the  purpose  of  repairing  the  same. 

Sec.  3.  The  city  council  of  said  city  is  hereby  author-  water  commission- 
ized  to  provide  by  ordinance  for  the  appointment  of  three 
water  commissioners,  for  the  purpose  of  exercising  such 
portion  of  the  authority  conferred  and  given  by  this  act  as 
may  be  defined  by  ordinance  of  said  city,  as  aforesaid,  and 
also  to  prescribe  in  like  manner  the  duties  of  such  commis- 
sioners ;  also,  when  and  in  what  manner,  and  for  what  term 
and  terms,  said  water  commissioners  shall  be  chosen  by  the 
city  council  of  said   city,  in  convention  :  provided^  ho7vever^ 


ers. 


36  DEPARTMENT    OF    PUBLIC    WORKS. 

that  the  first  board  of  commissioners,  appointed  as  afore- 
said, shall  hold  their  offices  for  the  term  of  three  years,  un- 
less the  works  contemplated  by  this  act  are  sooner  com- 
pleted ;  and  said  city  council  may,  if  they  shall  see  fit,  pre- 
scribe that  said  commissioners  shall  give  bond  and  in  what 
amount,  for  the  faithful  performance  of  their  duties,  and  in 
what  manner  and  for  what  causes,  said  commissioners,  or 
either  of  them,  may  be  removed  from  office,  and  also  the 
amount  of  compensation  of  each  of  said  commissioners. 
Damages  for  lands         Sec.  4.     If  any  owncr   of  lands,  waters  or  water  rights, 

and  water  riglits.  i  r  i  r     i  •  •   i  •  i 

taken  for  the  purposes  of  this  act,  shall  not  agree  with  said 
city  upon  the  price  to  be  paid  therefor,  he  may  at  any  time 
within,  but  not  after,  one  year  from  the  time  of  such  taking, 
apply  by  petition  to  the  supreme  court  holden  within  and 
for  the  county  in  which  such  lands,  waters  or  water  rights 
shall  have  been  taken,  at  any  regular  term  of  such  court  ; 
and  upon  such  petition  being  filed,  at  least  twenty  days' 
notice  thereof  shall  be  given  to  said  city  by  serving  the  said 
commissioners,  or  either  of  them,  with  a  certified  copy  of 
such  petition  ;  and  the  court  may,  after  such  notice,  proceed 
to  the  hearing  of  the  petition,  and  may  appoint  three  dis- 
interested persons,  being  freeholders  and  residents  of  the 
state,  appraisers  to  determine,  after  reasonable  notice  to  the 
parties,  what  damages,  if  any,  the  petitioner  has  sustained, 
and  the  award  of  such  appraisers  or  the  major  portion  of 
them  shall  be  returned  by  them  to  the  court  as  soon  as  may 
be,  and  upon  acceptance  thereof  by  the  court,  unless  a  jury 
trial  be  applied  for  as  hereinafter  provided,  judgment  shall 
thereupon  be  rendered  by  said  court  for  the  party  prevail- 
ing, with  costs,  and  execution  may  issue  accordingly  :  pro- 
vided^ that  if  either  party  shall  be  dissatisfied  with  such 
award,  such  party  may,  immediately  upon  the  return  thereof 
to  the  court,  apply  for  a  trial  by  jury,  which  shall  determine 
all  questions  of  fact  relating  to  such  damages  and  the 
amount  thereof ;  and  such  trial  shall  thereupon  be  ordered 
by  said  court,  and  had  as  soon  as  conveniently  may  be,  and 
judgment  shall  be  entered  upon  the  verdict  of  said  jury,  and 
costs  shall  be  allowed  to  the  party  prevailing,  and  execution 
may  be  issued  therefor;  provided^  that  no   petition   or  com- 


DEPARTMENT    OF    PUBLIC    WORKS.  37 

plaint  shall  be  made  as  aforesaid  for  the  taking  of  any  land, 
water  or  water  rights,  until  the  same  shall  be  actually  taken 
or  withdrawn  by  said  city,  by  virtue  of  the  provisions  of  this 
act. 

Sec.  5.  Said  city  shall  have  the  exclusive  right  of  the  Regulation  of  use  of 
waters  aforesaid,  taken  by  said  city  for  the  purposes  afore- 
said, and  may  maintain'  an  action  against  any  person  for 
using  the  same  without  the  consent  of  said  city  ;  and  may 
regulate  the  distribution  and  use  of  said  water  within  and 
without  the  city,  and  from  time  to  time  fix  the  price  for  the 
use  thereof  ;  and  may  establish  such  public  hydrants  in 
such  public  places  as  they  may  see  fit,  and  prescribe  for 
what  purposes  the  same  shall  be  used  ;  all  which  they  may 
change  at  their  discretion. 

Sec.  6.     The  owner  and  also  the  occupant  of   any  tene-     Liability  for  use  of 
ment  shall  be  liable  for  the  payment  of  the  price  or  rent  for  "*''^'- 

the  use  of  the  water  in  such  premises. 

Sec.  7.  If  any  person  shall  maliciously  or  wantonly  di-  Penalty  for  injury  to 
vert  the  water  of  any  of  the  said  streams  or  water  sources  "ater  or  water-works, 
from  which  water  shall  be  introduced  into  said  city  as  afore- 
said, or  shall  corrupt  or  render  impure  the  same,  or  any 
connected  therewith,  or  shall  destroy  or  injure  any  drain, 
pipe,  aqueduct,  conduit  or  machinery,  or  other  property 
used  in  or  relating  to  the  premises,  such  person  or  persons, 
and  his  or  their  aiders  and  abettors,  shall  each  forfeit  to 
said  city,  to  be  recovered  in  an  action  of  trespass,  or  tres- 
pass on  the  case,  treble  the  amount  of  damage  which  shall 
a]ipear  on  trial  to  have  been  sustained  thereby,  and  shall 
also  be  liable  to  indictment  therefor,  and  upon  conviction 
shall  be  fined  not  exceeding  five  thousand  dollars  or  im- 
prisoned not  exceeding  three  years. 

Sec.  8.  For  the  purpose  of  defraying  all  the  expenses  water  bonds, 
and  cost  of  such  lands,  waters  and  water  rights  as  shall  be 
taken  or  purchased  for  the  purposes  of  this  act,  and  of  con- 
structing all  works  necessary  to  the  accomplishment  of  said 
purposes,  and  all  expenses  incidental  thereto,  the  said  city 
of  Providence  is  hereby  authorized  and  empowered  to  issue 
bonds,  scrip  or  certificates  of  debt,  bearing  not  more  than 
seven   per  centum  interest  per  annum,  under  the  corporate 


210672 


38 


DEPARTMENT    OF    PUBLIC    WORKS. 


Chapter  897 

of  January  24,  1871. 


Damages  to  lands 
owned  in  different 
interests,  to  be  as- 
sessed in  entire  sum  ; 
how  apportioned. 


name  and  seal  of  said  city,  signed  by  the  treasurer  tliereof, 
or  such  other  duly  authorized  person  or  persons  as  the 
council  may  direct,  in  such  form  as  may  be  found  expedient, 
not  exceeding  the  sum  of  two  million  dollars,  said  bonds, 
scrip  or  certificates,  to  be  payable  whenever  the  city  council 
of  said  city  shall  provide  ;  and  said  bonds,  scrip  or  certifi- 
cates shall  be  obligatory  upon  said  city  in  the  same  manner 
and  to  the  same  extent  as  other  debts  lawfully  contracted 
by  said  city.  And  the  money  derived  from  the  issue  of 
such  bonds,  scrip  or  certificates  may  be  expended  by  said 
city,  in  whole  or  in  part,  for  the  purposes  aforesaid  intended 
by  this  act,  in  such  manner  as  the  said  city  may  by  ordi- 
nance direct. 


AN  ACT  IN  AMENDMENT  OF  CHAPTER  43  OF  THE 
REVISED  STATUTES,  "  OF  LAYING  OUT  AND  MAKING 
HIGHWAYS  AND  DRIFTWAYS,"  AND  CHAPTER  640 
OF  THE  STATUTES  ENTITLED  "AN  ACT  FOR  SUPPLY- 
ING THE  CITY  OF  PROVIDENCE  WITH  PURE  WATER." 


Section 
1.  Damages   to   lands   owned    by    per. 
sons  having  different   interests,    to 
be  assessed  in  an   entire  sum;  how 
to  be  apportioned. 


.Section 

2.  Supreme   court  to   appoint   trustees, 

when. 

3.  Operative  clause. 


It  is  enacted  by  the  General  Assembly  as  foUoivs  : 

Section  1.  When  persons  having  a  claim  for  damages 
sustained  in  their  lands  by  the  laying  out,  alteration  or  dis- 
continuance of  a  highway,  or  by  the  taking  of  lands  for  the 
construction  of  water  works  or  other  public  works,  have 
separate  or  different  interests  in  such  lands  so  that  an 
estate  for  a  term  of  years,  or  for  life,  belongs  to  one  person 
and  remainders  either  contingent  or  vested  or  the  reversion 
in  said  lands  belongs  to  others,  entire  damages  or  an  entire 
sum  as  indemnity  shall  be  assessed  in  the  same  manner  as 
is  provided  in  other  cases  where  lands  are  so  taken,  without 
any  apportionment  thereof,  and  the  amount  of  such  damages 
or  indemnity,  subject  to  any  and  all  liens  thereon,  shall  be 
paid  over  and  be  recoverable  by  any  person  whom  the 
parties  owning  the  several  interests  in  such  lands  may 
appoint,  to  be  invested   by  him    when  paid   over  or   recov- 


DEPARTMENT    OF    PUBLIC    WORKS. 


39 


ered  in  such  manner  as  the  supreme  court  shall  direct,  and 
held  in  trust  for  the  benefit  of  the  parties  entitled  thereto, 
according  to  their  several  interests,  the  annual  income  to  be 
paid  over  to  the  person  owning  the  estate  for  years,  or  life, 
for  and  during  the  continuance  of  such  estates,  and  the 
remainder,  after  the  termination  of  such  estates,  to  be  paid 
over  to  the  persons  entitled  to  the  same. 

Sec.  "i.  If  any  of  the  persons  having  an  interest  in  such 
lands  shall,  by  reason  of  any  legal  disability,  be  incapac- 
itated from  choosing  a  trustee,  or  if  the  parties  in  interest 
cannot  agree  upon  a  choice,  the  supreme  court,  upon  appli- 
cation of  any  of  the  parties  interested  in  such  lands,  and 
after  notice  to  all  parties  interested,  shall  appoint  some  suit- 
able person  as  trustee.  Said  trustee  shall,  before  entering 
upon  the  duties  of  his  trust,  give  a  bond  to  the  clerk  of  the 
supreme  court,  with  surety  or  sureties  to  the  satisfaction  of 
said  court,  in  such  sum  as  said  court  shall  direct,  conditioned 
for  the  faithful  performance  of  his  duties  as  trustee  under 
the  provisions  of  this  act,  which  bond,  upon  breach  of  its 
condition,  may  be  put  in  suit  for  the  use  and  benefit  of  the 
persons  interested  in  such  lands,  in  like  manner  as  is  pro- 
vided in  the  case  of  bonds  given  by  executors  or  adminis- 
trators. 

Sec.  o.  This  act  shall  take  effect  from  and  after  its  pas- 
sage ;  and  all  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 


Trustees,  when. 


Operative  clause 


AN  ACT  AUTHORIZING  THE  CITY  OF  PROVIDENCE  TO 
BUILD  A  BRIDGE  ACROSS  PROVIDENCE    RIVER. 


Skctidn 

1.  City  authori/,ed  to  build  Point  street 
bridge. 


Skctiok 
2.  Draw,  how  to  be  constructed, 
o.  Obsolete. 


//  /s  enacted  by  the  General  Assembly  as  folhnvs  : 


Chapter  772 

of  June  10,  186S. 


Section  1.  That  the  city  of  Providence  be  and  they  are 
hereby  authorized  to  erect  and  build  a  bridge  across  Provi- 
dence river  within  the  limits  of  said  city  at  such  place  as 
the  city  council  of  said  city  shall  select  between  Weybosset 


Point   street   bridge. 


40 


DEPARTMENT    OF    PUBLIC    WORKS. 


Drawbridge. 


Obsolete. 


bridge  and  the  south  line  of  India  street  on  the  east  side  of 
said  river  and  the  south  line  of  Crary  avenue  on  the  west 
side  of  said  river. 

Sec.  '2.  Said  city  shall  construct,  keep  and  maintain  in 
said  bridge,  a  swing  draw  with  an  opening  on  each  side 
thereof  of  not  less  than  one  hundred  feet  in  width,  and  shall 
at  all  times  keep  a  sufficient  force  stationed  at  said  bridge 
to  open  said  draw  for  the  passage  of  vessels  through  the 
same  and  without  expense  to  said  vessels. 

Sec.  o.     [Provision  for  payment.] 


Ghaoter  880    ^'^^  ^^^  ^^  amendment  of  chapter  772  of  the  stat- 

of  J.me  1.!,  1870.  UTES,  ENTITLED   "AN   ACT  AUTHORIZING  THE  CITY 

OF  PROVIDENCE  TO  BUILD  A  BRIDGE  ACROSS  PROV- 
IDENCE RIVER." 


Superimendtm  of 
Point  street  bridge, 
appointment. 


His  duties. 


Sfxtion 

1.  Superintendent  of  Point  street  bridge, 

appointment. 

2.  Duties  of  superintendent. 

3.  Duties  of  masters  of  vessels. 


SECTION 

4.  Penalty  for  interference  or  injuiy. 

5.  Penalty  for  neglect  by  city  or  officers. 

6.  Compensation  of  employees. 


//  /s  oiacted  by  the  General  Assembly  as  follows  : 

Section  1.  Whenever  the  bridge  authorized  by  Chapter 
772  of  the  statutes,  and  known  as  the  Point  street  bridge, 
shall  be  completed  and  opened  to  public  travel,  it  shall  be 
the  duty  of  the  board  of  aldermen  of  the  city  of  Providence 
to  appoint  an  officer  who  shall  be  styled  superintendent  of 
the  Point  street  bridge,  and  who  shall  hold  his  office  during 
the  pleasure  of  said  board. 

Sec.  2.  Said  superintendent  shall  at  all  times  during  the 
season  of  navigation  cause  the  draw  in  said  bridge  to  be 
opened  for  the  passage  of  vessels  upon  proper  signals,  to  be 
fixed  by  said  board  of  aldermen  ;  and  shall  give  all  neces- 
sary advice  and  furnish  proper  facilities  for  the  passing  of 
all  such  vessels  through  said  draw,  and  shall  allow  no  un- 
necessary detention,  having  due  regard  to  the  state  of  the 
tide  and  the  convenience  of  public  travel  over  said  bridge  ; 
and  shall  also  decide  as  to  the  priority  of  right  when  two  or 
more  vessels  apply  to  pass  said  draw  at  the  same  time. 


DEPARTMENT    OF    PUBLIC    WORKS.  41 

Sec.  3.     Masters   of  boats   or  vessels  passing  said  draw     Masters  of  vessels, 
shall  so  place  their  buoys,  warping  lines,  cables  and  anchors         ^^"^"^  """■ 
as  neither  to  interfere  with  other  vessels   nor   obstruct  said 
bridge,  except  as  they  may  be  authorized  by  said   superin- 
tendent. 

Sec.  4.    Any  person  wilfully  obstructing  said  superintend-   penalty  for  interfer- 
ent  in  the  performance  of  his  duty  as  prescribed  by  this  act,       ence  or  in]iir\. 
or  who  shall  injure  or  deface  said  bridge  or  any  of  its  appur- 
tenances, or  shall  open  or  obstruct  said   draw  without   con- 
sent of  said  superintendent,  or  shall   make  fast   or   moor  to  ' 
said    bridge  any  vessel,  boat,  scow   or  raft,  or  shall   violate 
any    of    the   provisions  of  this  act,  shall  upon  conviction 
thereof  pay  a  fine  of  not  less  than  ten  nor  more  than  twenty 
dollars,  and  shall  also  be  liable  to  the  city  of  Providence  in 
damages. 

Sec.  5.  The  city  of  Providence  or  any  officer  or  officers  penalty  for  neglect  by 
thereof,  for  the  neglect  or  the  refusal  to  comply  with  the  '^'tyoro 
provisions  of  this  act,  shall  upon  conviction  thereof  pay  a 
fine  of  not  less  than  fifty  nor  more  than  five  hundred  dol- 
lars, and  shall  further  be  liable  to  pay  to  the  owners  of  any 
such  vessels  or  the  cargo  thereof,  all  damages  they  may  sus- 
tain by  reason  of  such  neglect  or  refusal. 

Sec.  G.     [Obsolete    by  Chapter   869,  sec.  2,  ante,   page  27,  and       Compensation  of 
Chapter  530,  ante,  page  28.     The  compensation   of  the   superinten-  emp  oyees. 

dent  is  now  fixed  by  ordinance,  and  that  of  other  bridge  employees 
by  the  commissioner  of  public  works.] 


Chapter  349 


AX   ACT    PROVIDING    FOR    CLEARING    THE    CHANNEL 

OF  THE  SEEKONK  RIVER  AT  INDIA  POINT,  IN  PROVI-  of  March  28,  .S83. 
DENCE,  OF  OBSTRUCTIONS;  AND  FOR  THE  CON- 
STRUCTION OF  A  BRIDGE  NEAR  THE  SITE  OF  THE 
PROVIDENCE  WASHINGTON  BRIDGE. 

Section  11.     Washington  Bridge,  how  to  be  maintained. 

/f  is  enacted  by  the  General  Assembly  as  follows  : 

Sec.   11.     The  city  of  Providence  shall  lay  out  a  highway   undge  and  draw,  how 
from  the  westerly  line  of  the  town  of  East  Providence,  over      '°  ^  mamtame 
said  bridge  to  such  point  in  the  said  city  as  public  convenience 
may  require  with  reference  to  travel  to,  from   and  over  said 
G 


42  DEPARTMENT    OF    PUBLIC    WORKS. 

bridge  ;  and  the  town  of  East  Providence  shall  lay  out  a 
highway  from  the  westerly  line  of  said  town,  in  extension  of 
the  highway  so  to  be  laid  out  by  the  city  of  Providence,  over 
so  much  of  said  bridge  as  may  lie  within  the  limits  of  said 
town,  and  extending  to  such  point  in  said  town  as  public 
convenience  may  require  with  reference  to  the  safe  and  con- 
venient use  by  the  public  of  said  bridge  as  a  highway  over 
said  river.  And  the  said  city  and  town  shall  keep  and 
maintain  so  much  of  said  bridge  as  may  lie  within  their 
limits  respectively  ;  and  the  said  city  shall  keep  and  main- 
tain the  draw  in  said  bridge,  and  at  all  times  cause  said 
draw  to  be  immediately  opened  for  the  passage  of  vessels 
through  ihe  same  without  unnecessary  hinderance  or  delay. 


rh;)ntpr  1^^?  ^^'  ^^^  ^^  provide  for  the  construction  and 

rf      ,n  ,  n.  MAINTENANCE  OF  A  NEW    BRIDGE    UPON    THE  SITE 

of  June  12,  1!S04. 

OF  THE  PRESENT  "  RED  BRIDGE"  SO  CALLED. 

Section  11.     iSIaintenance  of  Red  Bridge  by  city  of  Providence. 

//  IS  enacted  by  the  Genera/  Assevibly  as  follotvs  : 

Maintenance  of  Red        Sec.   11.     The  city    of    Providcncc    shall   maintain    and 

"  ^^'  keep  in  repair  the  bridge  herein  provided   to  be  built,  and 

the  expense  of  such  maintenance  and  repair  shall  be   paid 

by  the  city  as   is   now   provided   in  the  care  of  the  present 

"  red  bridge,"  so  called. 

[Note. —  The  provisions  for  maintenance  and  repair  re- 
ferred to  above  will  be  found  in  Chapter  820,  of  May  28, 
1869,  Section  5,  which  provides  as  follows:  "Sec.  5. 
The  town  of  East  Providence  and  the  city  of  Providence 
shall  *****  contribute  and  jjay  for  the  main- 
tenance and  support  of  said  bridge  in  condition  to  answer 
all  the  purposes  for  which  it  is  constructed."] 


DEPARTMENT    OF    PUBLIC    WORKS. 


43 


AN  ACT  CONCERNING   SIDEWALKS    IN  THE    TOWN  OF     Apt    nf    1891 
PROVIDENCE.  '*'^'    "'     '^^' 


November  3. 


Sf.ction 

1.  Sidewalks   to    be  built,  altered  and 

repaired    by  owners    of    adjoining 
lands. 

2.  Commissioners    to    superintend    the 

building,  altering  and  repairing  of 
sidewalks. 


Section 

3.  Commissioners  shall  notify  owner  of 

adjoining  lot  to  build,  alter  or  im- 
prove sidewalk.  Proceedings  in 
case  of  neglect. 

4.  Building  and  repairing   of   sidewalk 

by  owner  of  adjoining  lot. 


Section  1.  Be  it  enacted  by  the  General  Assembly,  and  by 
the  authority  thereof  it  is  enacted.  That  from  and  after  the  pas- 
sing of  this  act,  the  sidewalks  in  the  streets  and  highways 
in  the  town  of  Providence  shall  be  built,  altered  and  re- 
paired at  the  expense  of  the  owners  of  the  adjoining  lands, 
in  the  way  and  manner  hereinafter  provided. 

Sec.  2.  And  be  it  further  enacted,  That  the  freemen  of 
said  town,  at  their  annual  election  of  town  officers,  shall 
appoint  three  of  their  number,  who  shall  be  called  commis- 
sioners of  sidewalks,  and  who  shall  have  power  and  author- 
ity, and  whose  duty  it  shall  be,  to  superintend,  order  and 
direct  the  manner  of  building,  altering  and  amending  the 
sidewalks,  and  to  order  and  determine  of  what  height  and 
width  the  same  shall  be,  and  of  what  materials  the  walks 
shall  be  composed,  and  how  and  with  what  secured  and 
finished ;  with  power  to  alter  and  improve  those  already 
made,  in  such  way  and  manner  as  they  think  the  public  con- 
venience requires  ;  to  build  or  alter  any  wall  on  any  lot  ad- 
joining the  street,  and  to  remove  any  steps,  posts,  cellar 
doors  or  other  obstructions  in  the  sidewalks. 

Sec.  o.  And  be  it  further  enacted.  That  when  the  said 
commissioners  shall  have  determined  in  what  mariner,  and 
of  what  materials,  and  within  what  time,  any  new  sidewalk 
shall  be  made,  or  in  what  manner,  and  within  what  time  any 
old  sidewalk  shall  be  altered  and  improved,  they  shall  cause 
written  or  printed  notice  thereof  to  be  personally  given  to 
the  owner  of  the  adjoining  lot,  if  residing  within  the  town 
of  Providence,  particularly  describing  the  materials,  width, 
height  and  manner  the  sidewalk  shall  be  built,  or  the  altera- 
tion be  made  ;  but  if  the  owner  shall  not  reside  in  said  town, 
then  the  notice  shall  be  given  to  the  tenant  in  possession  ; 
but  if  no  tenant  shall  be  in  possession,  then  the  same  shall 


.Sidewalks,  how  to 
be  built,  altered  and 
repaired. 


Commissioners  of 
sidewalks. 


See  Act  of  1841, 
page  45. 


Making  and  repair 
of  sidewalks. 


44 


DEPARTMENT    OF    PUBLIC    WORKS. 


Repair  of  sidewalk 
by  owners. 


be  published  in  one  of  the  newspapers  for  the  town  of 
Providence,  for  three  successive  weeks  ;  at  the  expiration 
of  the  time  so  limited  by  the  commissioners,  if  the  work 
shall  not  have  been  performed  or  proceeded  in  according  to 
the  directions  of  the  said  commissioners,  they  shall,  in  their 
discretion,  order  the  surveyor  of  the  highways  for  the  time 
being  to  proceed,  at  the  expense  of  the  town,  and  execute  the 
directions  so  by  them  given  to  the  owner ;  a  copy  of  which 
order  shall  be  by  them  given  to  said  surveyor;  and  when 
the  same  shall  be  by  him  accomplished,  it  shall  be  the  duty 
of  the  commissioners  to  certify  the  expenses  thereof  to  the 
assessors  of  taxes  for  said  town,  together  with  ten  per  centum 
in  addition  thereto,  to  cover  the  interest,  cost  of  assessing 
and  collection  ;  and  the  said  sum  so  certified  shall  be  by 
the  assessors  added  to  the  tax  of  the  owner  of  such  adjoin- 
ing lot,  so  neglecting  as  aforesaid  ;  which  proceedings  shall 
be  conclusive,  and  the  said  owner,  with  his  estate,  shall  be 
responsible  therefor,  in  the  same  manner  as  for  other  taxes. 
Sec.  4.  And  be  it  further  enacted,  That  any  sidewalk 
which  may  be  hereafter  built,  altered  or  repaired  by  the 
owner  of  the  adjoining  lot,  shall  be  done  under  the  inspec- 
tion of  the  surveyor  of  the  highways  for  the  time  being, 
and  in  pursuance  of  the  directions  given  by  the  commission- 
ers aforesaid  for  that  purpose ;  and  that  until  the  next 
annual  election  of  town  officers,  Edward  Carrington,  Charles 
Dyer  and  Dexter  Thurber  be  and  they  are  hereby  appointed 
commissioners  of  sidewalks,  and  authorized  and  required  to 
carry  this  act  into  full  effect. 


Ant    of    182^    AN  ACT  IN  ADDITION  TO  AN  ACT  ENTITLED  "AN  ACT 
Mbl     Ul     \0£.Q  CONCERNING  SIDEWALKS  IN  THE  TOWN  OF  PROV- 

October  29.  „„      ^„  ., 

IDENCE " 


Societies    are 
exempt. 


Section 
"2.  To  be  liable  to  assessment  for  such 
repairs  after  notice  and  refusal. 


Section 
1.  Corporations,  otherwise  exempt  from 
taxation,  to  be  liable  to  build,  alter 
and  repair  sidewalks.  | 

Section  1.  Be  it  enacted  by  the  General  Assembly,  and  by 
the  authority  thereof  it  is  enacted,  That  the  seveial  societies 
owning  real  estate  in  said  Providence  shall  be  liable  to  the 


DEPARTMENT    OF    PUBLIC    WORKS.  4o 

same  regulations  as  private  individuals  are  liable  by  the  act 
to  which  this  act  is  in  addition,  notwithstanding  they  may  be 
exempt  from  taxation  in  other  respects;  notice  being  given, 
as  is  required  in  the  third  section  of  said  act,  to  the  treas- 
urer of  any  such  society. 

Sec.  2.     And  he  it  further  enacteih  That  if  any  society  shall  Liability. 

refuse  to  lay  or  repair  their  sidewalks,  after  being  notified 
as  is  required  by  the  act  to  which  this  is  in  addition,  then 
the  commissioners  may  proceed  as  is  in  other  cases  provided 
by  law ;  and  after  it  is  finished,  they  shall  certify  the  ex- 
penses thereof,  with  ten  per  centum  addition,  as  in  other 
cases,  to  the  assessors  of  taxes  in  said  town  ;  which  sum,  so 
certified,  shall  be  collected  of  said  society  in  the  same  man- 
ner as  is  provided  by  law  for  collecting  taxes. 


AX  ACT  IN    AMENDMENT    OF  AN   ACT    ENTITLED  "AN    Jq|    q|    Ig^l 
ACT    CONCERNING  SIDEWALKS    IN  THE    TOWN   OF 

Januarv  18. 

PROVIDENCE." 

Section                                                             [  Section 

1.  Section  2  of  the  act  of  November  3,  2.  Powers   of   sidewalk    commissioners 

1821,  repealed  in  part.  vested  in  city  council,  or  officers 

I  appointed  by  them. 

Be  it  enacted  by  the  General  Assembly  as  foUoivs  : 

Section   1,     So    much  of  the   second  section  of  the  act     ActofNov.:j,i82i, 
to  which  this  is   in  amendment   as  requires  the   annual  ap-      ^pealed  m  pan. 
pointment   of  three  commissioners  of    sidewalks  is  hereby 
repealed. 

Sec.  '1.     All  the  powers  given  by  said  act  to  the  sidewalk      city  council  luve 

iiir  t        r-  -\  r         y  ct  i  powers    of    commis- 

commissioners  shall,  after  the  first  Monday  of  June  next,  be   sioners  of  sidewalks. 

vested   in  the   city  council  of  the  city  of  Providence,  or  in 

case  of  the   death   or   resignation   of  the  present   sidewalk 

commissioners,   then    the   said    powers    shall    be    forthwith 

vested   in   said  city  council  ;  and  the   said   city  council  is 

hereby  authorized,  either  by  a  committee  of  their  own  body, 

or  by  any  person  or  persons  appointed  by  them,  to  proceed 

in  the  same  manner  and  with  the  same  powers  as  are  granted 

to   the   sidewalk  commissioners   in    and   by  the  said  act   to 

which  this  is  in  amendment. 


46 


POLICE  DEPARTMENT. 


Chapter  823 

of  May  -21,  1.S80. 


AN  ACT  IN  AMENDMENT  OF  AN  ACT  ENTITLED  "AN 
ACT  TO  PROVIDE  FOR  THE  MODE  OF  APPOINT- 
MENT AND  REMOVAL  OF  THE  CITY  MARSHAL, 
POLICE  CONSTABLES  AND  CITY  WATCHMEN  OF 
THE  CITY  OF  PROVIDENCE,"  PASSED  MAY  SES- 
SION, 1855. 


Section 

1.  Police  constables  and  city  watchmen, 

appointment  to  office. 

2.  Removal  fvoni  office. 


Section 

3.  Mayor   may   take    charge   of    police 

force  in  any  emergency. 

4.  Inconsistent  acts  repealed. 

5.  Operative  clause. 


//  /'s  enacted  by  the  General  Assembly  as  fo/tows 


Police  constables 
and  city  watchmen, 
appointment  to  office. 


Removal  from 
office. 


Mayor  may  take 
full  charge  of  police 
force  in  emergency. 


Inconsistent  acts 
repealed. 


Operative  clause. 


Section  1.  The  police  constables  and  city  watchmen  of 
the  city  of  Providence  shall  hereafter  be  appointed  by  the 
chief  of  police  of  said  city,  by  and  with  the  consent  of  the 
mayor  and  aldermen. 

Sec.  2.  The  chief  of  police  of  said  city,  by  and  with 
the  consent  of  the  mayor  and  aldermen,  shall  have  power 
to  remove  any  of  said  officers  from  office,  whenever,  in  his 
opinion,  the  interests  of  said  city  shall  require  such  removals. 

Sec.  3.  The  mayor  of  the  city  of  Providence  shall  have 
the  power  in  any  emergency,  of  which  he  shall  be  the  judge, 
to  take  full  charge  of  the  whole  or  any  part  of  the  police 
force  in  said  city. 

Sec.  4.  All  acts  and  parts  of  acts  inconsistent  herewith 
are  hereby  repealed. 

Sec.  5.  This  act  shall  go  into  effect  from  and  after  the 
first  Monday  in  January,  a.  d.  1S81. 


POLICE     DEPARTMENT. 


A\    ACT    IN    RELATION   TO   THE    CITY   MARSHAL    OF      Qj^gntfif  636 
THE  CITY  OF  PROVIDENCE.  „f  P^bruarv  G,  18C0. 


Section 

1.  City  marshal  to  continue  in  office  un- 

til election  of  chief  of  police. 

2.  Chief  of  police,  or  his  deputy,  need 


.Section 

not  furnish  surety  for  costs  in  any 
prosecution. 
3.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  follows  : 


Section  1.  The  present  city  marshal  of  the  city  of 
Providence  shall  continue  to  hold  and  exercise  the  duties  of 
his  office  until  the  election  of  a  chief  of  police  by  the  city 
council  of  said  city,  and  no  longer. 

Sec.  -.  The  said  chief  of  police  when  elected  by  said 
city  council,  and  in  case  of  his  death,  absence  or  disability, 
his  duly  appointed  deputy,  shall  not  be  required  to  furnish 
surety  for  costs  in  any  prosecution  which  may  be  brought  by 
either  of  them. 

Sec.  3.  This  act  shall  take  effect  on  and  after  its  pas- 
sage ;  and  all  acts  and  parts  of  acts  inconsistent  with  it  are 
hereby  repealed. 


City  marshal  to  act 
until  election  of  chief 
of  police. 


Chief  of  police  or  his 
deputy,  need  not  fur- 
nish surety  for  costs. 


Operative  clause. 


AN  ACT  CONCERNING  THE  APPOINTMENT  OF  WATCH-    Jq|    q|     1  g45 
MEN   AND     SPECIAL    CONSTABLES    IN   THE    CITY  OF  January  ir.. 

PROVIDENCE. 


.Section 
1.  Repealed. 


Section 
'1.  Special  constables. 


//  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.  [Repealed.  See  section  1,  page  4<).] 
Sec.  2.  The  mayor  or  the  board  of  aldermen  of  said 
city  are  authorized  to  appoint  special  constables  for  said 
city  whenever  in  his  or  their  opinion  it  may  be  e.xpedient ; 
and  such  constables  shall  hold  their  offices  for  the  day  on 
which  they  are  appointed  and  the  two  succeeding  days  ;  but 
they  shall  not  be  required  to  give  any  bond,  nor  shall  they 
be  authorized  to  serve  any  civil  process,  but  in  all  other 
matters  they  shall  have  the  same  power  and  authority  as 
other  constables. 


Repealed. 
Special  constables  I 


48 


POLICE     DEPARTMENT. 


Chief  ol 
may  enter 
houses,  wit 
powers. 


police 
certain 


Chaoter  G93    ^^  ^^^  conperring  additional  authority  upon 
uimfjici  ujj       ,p^g    police     officers    of    providence     and 

of  March  1.,  1867.  ^^.^pQ^rj, 

.Section  I    Section 

1.  Chief    of    police   may   enter    certain  2.  May  command  aid. 

houses  ;  with  what  powers. 

//  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.  The  chief  of  police  of  the  city  of  Provi- 
dence, and  the  city  marshal  of  the  city  of  Newport,  are 
hereby  authorized  and  empowered  to  enter  any  house,  place 
or  building,  in  their  respective  cities,  which  they  shall  have 
reasonable  cause  to  suspect  is  kept  as  a  resort  for  persons 
of  ill-fame,  or  lewd  and  dissolute  persons,  or  persons  of  idle 
and  disorderly  character,  or  in  which  there  shall  be  loud 
and  disorderly  noises,  to  the  common  disturbance  of  the 
neighborhood,  or  to  which  they  shall  have  reasonable  cause 
to  suspect  any  female  before  reputed  virtuous  has  been  in- 
veigled or  enticed,  and  remains  concealed  therein,  for  the 
purpose  of  prostitution  or  lewdness,  or  to  which  unwary 
young  men  are  inveigled  or  enticed  or  are  accustomed  to 
resort  for  the  purpose  of  gambling  or  playing  at  any  game 
or  games  of  chance  of  any  kind  whatever  for  money  or 
other  valuable  consideration  ;  and  upon  entering  any  such 
house,  place  or  building,  in  their  respective  cities,  they  may 
command  any  persons  found  therein,  reputed  to  be  of  the 
character  aforesaid,  or  any  persons  therein  being  or  assem- 
bled for  any  of  the  purposes  aforesaid,  forthwith  to  depart 
therefrom  ;  and  in  the  event  of  the  neglect  or  refusal  of 
any  such  persons  to  obey  such  command,  the  said  officers 
are  hereby  authorized,  in  their  respective  cities,  to  arrest 
such  persons  and  hold  them  in  custody  for  such  time,  not 
exceeding  twenty-four  hours,  as  may  be  necessary  for  their 
regular  apprehension  on  complaint  and  warrant;  and  every 
person  who  shall  be  convicted  of  neglecting  or  refusing 
to  depart  from  any  such  house,  place  or  building,  when 
commanded  as  aforesaid,  shall  be  fined  not  exceeding 
twenty  dollars,  or  imprisoned  not  exceeding  thirty  days. 

Sec.  2.  Either  of  the  officers  named  in  the  first  section 
of  this  act  may  command  aid  in  the  execution  of  the  au- 
thority therein  conferred. 


Penaltv. 


Mav  command  aid. 


POLICE     DEPARTMENT. 


49 


AN  ACT  GIVING  THE  RIGHT  OF  WAY  TO  THE  AMBU- 
LANCES OF  ANY  CITY  OR  TOWN  OR  HOSPITAL 
CORPORATION. 


Chapter  607 

of  Feb.  21,  1899. 


Section 
1.  Ambulance  has  right  of  way. 


Section 
"2.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  foHozas  : 

Section  1.  The  ambulances  of  any  city  or  town  or  hos- 
pital corporation,  and  any  driver  or  person  in  charge  of  the 
same,  while  responding  to  or  returning  from  an  accident 
call,  or  while  conveying  any  sick  or  injured  person  to  any 
hospital  or  other  place  in  any  city  or  town,  shall  have  the 
right  of  way  in,  upon  and  through  any  street,  highway,  lane, 
avenue  or  alley  in  such  city  or  town  ;  and  every  person  in 
or  upon  or  owning  or  driving  any  vehicle  in  or  upon  any 
such  street,  highway,  lane,  avenue  or  alley,  who  shall  wil- 
fully or  maliciously  refuse  the  right  of  way  to,  or  shall  in  any 
way  wilfully  or  maliciously  obstruct  or  retard,  any  such  am- 
bulance while  in  use  as  aforesaid,  or  any  driver  or  person 
in  charge  of  the  same,  shall  be  fined  not  exceeding  twenty 
dollars. 

Sec.  2.     This  act  shall  take  effect  April  first,  a.  d.  1899. 


Ambulance  has  right 
of  way. 


Operative  clause. 


of  March  28,  1901. 


AN  ACT  AUTHORIZING  THE  TOWN  COUNCILS  OF  THE      QhgntOf  g4R 
SEVERAL  TOWNS  AND  THE  CITY  COUNCILS  OF  THE 
SEVERAL     CITIES     TO     ISSUE     CERTAIN     LICENSES, 
CHARGE  AND  COLLECT  FEES  THEREFOR,  AND  PRO- 
VIDE PENALTIES. 


Section 
1.  Peddlers  in  streets  and  public  places 
may  be  licensed  ;  exemptions. 


Section 
2.  Operative  clause. 


//  /s  enacted  by  the  General  Assembly  as  follows  : 

Section  1.     The  town  councils  of  the  several  towns  and 
the  city  councils  of  the  several  cities  are  hereby  authorized    n"a%rHclnsed.^"^' 
to    provide   by  ordinance  for  the   issuing  of  licenses  to  all 

7 


Peddlers  in  streets 


50 


POLICE     DEPARTMENT. 


License  fees. 


Exemptions  from 
fees. 


Exemptions  from 
licenses. 


Operative  clause. 


persons  selling  or  offering  for  sale  any  goods,  wares,  mer- 
chandise, ice  cream  or  other  articles  or  substances  on  the 
street,  to  all  persons  selling  fruits  or  vegetables  from  carts 
or  baskets,  and  to  all  hawkers  and  peddlers,  in  addition  to 
the  state  licenses  required  by  the  provisions  of  Chapter  162 
of  the  General  Laws,  and  also  for  charging  and  collecting 
fees  for  such  licenses,  not  to  exceed  fifty  dollars  for  any  one 
license  for  any  one  year,  and  also  to  fix  by  ordinance  a 
penalty  for  selling  or  offering  for  sale  any  goods,  wares, 
merchandise,  ice  cream,  or  other  articles  or  substances  on 
the  street,  and  for  selling  or  offering  for  sale  fruits  or  veg- 
etables from  carts  or  baskets,  and  for  selling  or  offering  for 
sale  any  articles  or  substances  as  hawkers  and  peddlers 
within  their  town  or  city  without  such  licenses  :  provided, 
however,  that  no  fees  shall  be  charged  for  licenses  issued  to 
any  person  selling  reHgious  books  and  publications  in  be- 
half of  bible,  tract,  or  other  religious  or  moral  societies  for 
the  purpose  of  promoting  religious  or  moral  improvement, 
and  which  are  sold  for  that  purpose  and  not  for  pecuniary 
profit,  or  to  butchers  retailing  meats  or  fishermen  selling 
fish  or  shell-fish  from  carts  or  otherwise,  or  to  any  person 
peddling  or  selling  any  tow-cloth,  knit  stockings,  gloves, 
mits  or  other  articles  of  household  manufacture,  or  articles 
manufactured  with  his  own  hands,  or  to  any  person  who 
shall  receive  a  license  from  the  general  treasurer  in  accord- 
ance with  the  provisions  of  section  15  of  Chapter  162  of 
the  General  Laws,  as  amended  by  Chapter  622  of  the  pub- 
lic laws,  passed  at  the  January  session,  a.  d.  1899  ;  and 
provided  further,  that  this  act  shall  not  apply  to  milkmen,  or 
to  farmers  selling  the  produce  of  their  farms,  or  selling  both 
the  produce  of  their  farms  and  the  produce  of  other  farms. 
Sec.  2.  Chapter  557  of  the  public  laws,  passed  at  the 
January  session,  a.  d.  1898,  and  Chapter  727  of  the  public 
laws,  passed  at  the  January  session,  a.  d.  1900,  and  all 
other  acts  and  parts  of  acts  inconsistent  herewith  are  here- 
by repealed  ;  and  this  act  shall  take  effect  from  and  after  its 
passage  :  provided,  that  this  act  shall  not  affect  any  licenses 
already  granted  under  ordinances  made  by  authority  of 
said  Chapters  557  and  727. 


POLICE     DEPARTMENT. 


51 


AN  ACT  CONCERNING  DEALERS  IN  JUNK  AND  SECOND-      nhaDtGr  871 
HAND  ARTICLES  IN  THE  CITY  OF  PROVIDENCE.  of  March  8, 1901. 


Secti 


Board  of  aldermen  may  license  deal- 
ers in  junk  and  second-hand  articles. 

City  council  may  make  ordinances 
relative  to  junk  and  second-hand 
articles. 


Sectkin 

3.  City  council  may  provide    penalties 

for  violation  of  such  ordinances. 

4.  Junk  act  of  1S53  repealed. 

5.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  folloivs  : 


Section  1.  The  board  of  aldermen  of  the  city  of  Provi- 
dence may  license  such  persons  as  they  deem  suitable  to 
purchase,  sell,  barter  and  deal  in  junk,  old  metals  and  any 
second-hand  articles,  and  may  revoke  such  licenses  at  their 
pleasure.  Said  licenses  shall  be  granted  subject  to  such 
conditions  and  restrictions,  for  such  term  not  exceeding  one 
year,  and  on  the  payment  of  such  fees,  as  shall  be  pre- 
scribed by  ordinance  of  the  city  council  of  said  city. 

Sec.  'i.  Said  city  council  shall  have  power  to  make  or- 
dinances relative  to  the  business  of  purchasing,  selling,  bar- 
tering and  dealing  in  junk,  old  metals  and  second-hand 
articles,  and  to  prescribe  the  conditions  and  restrictions 
under  which  such  business  may  be  carried  on,  and  to  fix 
the  amount  of  fees  to  be  paid  for  license  to  be  issued  by 
the  board  of  aldermen  for  carrying  on  such  business,  and  to 
fix  the  term  of  such  licenses  for  any  period  not  exceeding 
one  year  from  the  time  of  their  issue. 

Sec.  3.  Said  city  council  shall  have  power  to  provide  by 
ordinance  penalties  for  carrying  on  such  business  without 
such  license,  or  in  violation  of  any  ordinance  made  under 
the  provisions  of  section  two  of  this  act,  not  exceeding  for 
any  one  offence  a  fine  of  two  hundred  dollars,  or  imprison- 
ment not  exceeding  six  months. 

Sec.  4.  An  act  entitled  "An  act  regulating  the  sale  of 
junk  and  other  second-hand  articles,"  passed  at  the  January 
session,  a.  d.  1<S53,  is  hereby  repealed  :  provided,  that  all 
licenses  granted  under  said  act  shall  remain  in  force  for  the 
term  for  which  they  were  respectively  granted,  unless  sooner 
revoked  by  the  board  of  aldermen  of  said  city. 

Sec.  5.     This  act  shall  take  effect  upon  its  passage. 


Board  of  aldermen 
may  license  dealers 
in  junk  and  second- 
hand articles. 


City  council  may 
make  ordinances  rel- 
ative to  junk  and 
second-hand  articles. 


Penalties. 


Junk  act  of  1853 
repealed. 


Operative  clause. 


52 


POLICE     DEPARTMENT. 


Act  Of  1833 

November  2. 


AN  ACT  TO  AUTHORIZE  THE  CITY  OF  PROVIDENCE 
TO  ESTABLISH  A  HOUSE  OF  CORRECTION,  AND  FOR 
OTHER  PURPOSES. 


Section 

1.  City  authorized  to  establish  house  of 

correction. 

2.  Keeper  of  house  of  correction. 

3.  Other  officers ;  removal   from  office; 

officers  to  be  sworn. 

4.  Regulation  of  house  of  correction. 

5.  Commitments ;    form,    service,    and 

record. 

6.  Habeas  coi-pus. 

7.  Commitments,  by  whom  and  for  what 

offences  ;  treatment  of  prisoners  to 
be  according  to  the  terms  of  sen- 
tence ;  solitary  imprisonment  re- 
stricted. 


Section 

8.  City  to  pay  for  support  of  prisoners 

in  jail. 

9.  Board  of  aldermen  powers. 

10.  Vagrants. 

11.  Disorderly  persons. 

12.  Vagrants  and  disorderly  persons  may 

be  imprisoned. 

13.  Drunkenness. 

14.  Power  of  board  of  aldermen  to  lib- 

erate   persons   committed    by   their 
order. 

15.  Power  of  mayor  or  board  of    alder- 

men to  liberate  persons  committed 
by  sentence  of  court. 


City  may  establish 
house  of  correction. 


Keeper  of  house  of 
correction. 


Section  1.  Be  it  enacted  by  the  General  Assembly,  and  by 
the  authority  thereof  it  is  enacted.  That  it  shall  and  may  be 
lawful  for  the  city  of  Providence  to  establish  and  maintain 
a  house  of  correction  within  the  limits  of  said  city;  in 
which  said  house  of  correction  shall  be  confined  all  persons 
who  may  be  legally  committed  thereto,  as  hereinafter  pro- 
vided. 

Sec.  2.  And  be  it  further  enacted,  That  the  city  council  of 
said  city  of  Providence  be  and  they  are  hereby  authorized 
and  empowered  to  elect  a  keeper  of  said  house  of  correc- 
tion, at  the  time  when  said  house  shall  be  first  established 
by  virtue  of  this  act ;  and  afterwards  a  keeper  of  said  house 
shall  be  elected  by  said  city  council  at  every  annual  election 
of  city  officers,  and  oftener  in  case  of  vacancy.  And  it 
shall  be  the  duty  of  the  keeper  of  said  house,  in  addition  to 
such  others  as  may  from  time  to  time  be  prescribed  to  him 
by  said  council,  to  present  to  the  supreme  judicial  court, 
upon  the  second  day  of  every  term  thereof  which  shall  be 
holden  within  and  for  the  county  of  Providence,  a  list  of  all 
persons  in  his  custody  within  said  house  of  correction ; 
which  list  shall  specify  the  several  dates  and  causes  of  the 
commitment  of  such  persons,  the  tribunal  by  which  they 
were  ordered  to  be  confined  and  the  time  for  which  they 
were  respectively  committed. 


POLICE     DEPARTMENT. 


58 


Sec.   o.     And  be  it  further  enacted^  T\\-a.\.   the   city   council      Other  officers. 
aforesaid   shall  have  power  to   appoint,  from  time  to  time, 
besides   a   keeper  of  said    house    of  correction,  such  other 
officer   or   officers   thereof    as  they,   the   said   council,  may 
deem  expedient ;  and   the   same,  as  well  as   said  keeper,  to  Removal. 

remove   at   any  time   by  concurrent  vote,  two-thirds  of  the 
members  present  of  each  board  voting  in  the  affirmative  ; 
and  all  said  officers  shall  be    duly  sworn  or  affirmed  to  the   officers  to  be  swom. 
faithful  discharge  of  the  duties  of  their  respective  offices. 

Sec.  4.     And  be   it  further  enacted.  That   the  city  council  .    Regulation  of  the 

house  of  correction. 

aforesaid  be  and  they  are  hereby  authorized  to  make,  ordain 
and  establish,  from  time  to  time,  all  such  by-laws,  ordin- 
ances, rules  and  regulations  for  the  government  of  said 
house  of  correction,  and  the  persons  committed  thereto,  as 
said  council  may  deem  needful  and  proper :  provided,  that 
said  by-laws,  ordinances,  rules  and  regulations  be  not  re- 
pugnant to  the  laws  of  this  state. 

Sec.   5.     Atid  be  it  further  enacted.  That  every  commitment   Commitments ;  form, 

,  ,    ,  service  and  record. 

to  said  house  of  correction  shall  be  by  precept  in  writing  ; 
which  precept,  in  all  cases  not  otherwise  provided  for  by 
law,  shall  be  executed  by  the  city  marshal,  the  city  sergeant, 
or  some  one  of  the  constables  of  said  city  ;  and  each  com- 
mitment shall  be  entered  by  the  officer  making  the  same  in 
a  book  to  be  provided  by  said  city,  and  kept  at  said  house 
for  that  purpose. 

Sec.  B.     And  be  it  further  enacted.  That  said  house  of  cor-      Habeas  corpus, 
rectlon  shall  be   deemed  a   common   jail,  and  the   keeper 
thereof  an  officer,  so  far  as   to  render  applicable  thereto,  as 
such,  the  provisions  of  the  act  of  the  general  assembly  en-     ^       ^     , 

■^  o  ./  fi^  (ic(  referred  to, 

titled  "An   act   directing   the  process   upon  writs  of  habeas   see  Digest  of  1822, 
corpus." 

Sec.  7.     And  be  it  further  enacted.  That  the  mayor,  the      Commitments,  by 

-^  '  ^       '  whom   and  for   what 

board  of  aldermen,  the  municipal  court,  the  police  court,  offences, 
and  any  one  or  more  of  the  justices  of  the  peace  for  said 
city,  be  and  they  hereby  are  severally  authorized  and  em- 
powered to  commit  to  the  state's  jail  in  the  county  of  Provi- 
dence, until  said  house  of  correction  shall  be  established, 
and  afterwards  to  commit,  at  their  discretion,  either  to  said 
jail  or  to  said  house  of  correction,  all  persons  whom  by  this 


54 


POLICE     DEPARTMENT. 


For  act  referred  io, 
see  schedule,  October 
session,  1831,  p.  21. 


Treatment  of  the 
prisoners  to  be  ac- 
cording to  the  terms 
of  sentence. 


Solitary  imprison- 
ment without  labor, 
is  not  to  exceed  ten 
days. 


City  to  pay  for  the 
support  of  prisoners 
in  jail. 


Board  of  aldermen 
powers. 


act,  by  the  act  of  the  general  assembly  entitled  "An  act  to 
incorporate  the  city  of  Providence,"  or  by  any  present  or 
future  ordinance  of  the  city  council  of  said  city  passed  in 
pursuance  of  the  provisions  of  said  last  mentioned  act,  they, 
the  said  mayor,  board  of  aldermen,  municipal  court,  police 
court  and  justices  of  the  peace,  now  are  or  hereafter  may 
be  authorized  to  commit  or  order  to  be  committed  to  prison. 
And  the  several  persons  who  may  be  committed  to  the  house 
of  correction  aforesaid  shall  be  kept  therein  at  hard  labor 
either  in  solitary  confinement  or  otherwise ;  or  shall  be  kept 
in  solitary  confinement  without  labor;  or  shall  suffer  soli- 
tary imprisonment  without  labor  for  a  part  of  the  time  for 
which  they  shall  be  committed,  and  be  afterwards  kept  at 
hard  labor,  either  in  solitary  confinement  or  otherwise,  for 
the  remainder  of  said  term,  as  shall  be  prescribed  in  and  by 
the  respective  sentences  or  orders  by  force  of  which  such 
persons  shall  be  so  committed.  And  the  several  tribunals 
and  magistrates  aforesaid  are  hereby  required  to  specify  in 
and  by  their  said  sentences  and  orders,  as  well  the  mode  as 
the  duration  of  imprisonment :  provided,  /whoever,  that  no 
person  shall  be  condemned  to  solitary  imprisonment  without 
labor  for  a  longer  period  than  ten  days  for  any  one  offence. 

Sec.  8.  A?id  be  it  further  enacted,  That  the  city  of  Provi- 
dence shall  be  liable  to  pay  to  the  jailer  of  the  county  of 
Providence,  for  the  time  being,  such  sum  for  the  weekly 
support  of  each  and  every  person  committed  to  the  jail  in 
said  county,  under  and  by  virtue  of  any  of  the  provisions  of 
this  act,  as  shall  be  allowed  and  paid  by  the  state,  from  time 
to  time,  for  the  weekly  support  of  each  state  prisoner  in  said 
jail. 

Sec.  9.  And  be  it  further  enacted,  That  the  board  of 
aldermen  of  said  city  be  and  they  hereby  are  authorized  to 
order  any  person  who  shall  appear,  upon  examination  be- 
fore said  board,  to  have  no  legal  settlement  within  this 
state,  and  who  shall  be  adjudged  by  said  board  to  be  an  un- 
suitable person  to  become  an  inhabitant  of  said  city,  to 
depart  from  and  out  of  said  city  within  such  time  as  said 
board  shall  appoint ;  and  in  case  any  such  person  shall  not 
depart  from  said  city  within  the  time  specified  in  such  order, 


POLICE     DEPARTMENT. 


OO 


or  shall  at  any  time  after  the  expiration  of  said  specified 
period  be  found  within  said  city  without  permission  first  had 
and  obtained  from  said  board  of  aldermen,  and  in  case  any 
person  legally  removed  from  said  city  by  order  of  removal 
shall  return  thereto  without  permission  first  had  and  ob- 
tained from  said  board  of  aldermen,  said  board  of  aldermen 
are  further  authorized  and  empowered  to  commit  every  such 
person  to  prison  for  a  term  not  exceeding  three  months  : 
provided,  nevertheless,  that  nothing  in  this  act  contained  shall 
be  construed  to  prevent  said  board  of  aldermen  from  pro- 
ceeding under  and  according  to  the  act  of  the  general  as- 
sembly entitled  "An  act  in  amendment  of  an  act  entitled 
'An  act  providing  for  the  relief,  support,  employment  and 
removal  of  the  poor,'  "  in  any  case  wherein  they  may  deem  it 
expedient,  in  the  same  manner  and  to  the  same  effect  as  if 
this  act  had  not  been  passed. 

Sec.  lU.  And  be  it  further  enacted,  That  all  persons  who, 
being  habitual  drunkards,  are  destitute  and  without  visible 
means  of  support,  or  who,  being  such  habitual  drunkards, 
shall  abandon,  neglect  or  refuse  to  aid  in  the  support  of 
their  families,  and  shall  be  complained  of  by  such  families ; 
all  common  prostitutes  who  have  no  lawful  employment 
whereby  to  maintain  themselves  ;  all  idle  persons  who,  being 
of  doubtful  reputation  and  having  no  visible  means  to  main- 
tain themselves,  live  without  employment ;  all  able-bodied 
or  sturdy  beggars  who  may  apply  for  alms  or  solicit  charity  ; 
all  persons  wandering  abroad,  lodging  in  watch-houses,  out- 
houses, market-places,  sheds,  stables  or  uninhabited  build- 
ings, or  in  the  open  air,  and  not  giving  a  good  account  of 
themselves ;  and  all  persons  who  go  about  from  door  to 
door,  or  place  themselves  in  the  streets,  highways,  passages 
or  other  public  places  within  the  said  city  of  Providence, 
to  beg  or  receive  alms,  shall  be  deemed  vagrants. 

Sec.  11.  And  be  it  further  enacted.  That  all  persons  who 
may  have  actually  abandoned  their  wives  or  children  in  said 
city  of  Providence  without  adequate  support,  leaving  them 
in  danger  of  becoming  a  charge  upon  the  public,  or  who 
may  neglect  to  provide  according  to  their  means  for  the 
support  of  their  wives  or  children  ;  all  common  prostitutes  ; 


May    proceed   under 
general   law. 


For  act  re/erred  to 
see  schedule,  October 
session,  IS'^d,  p.  36  ; 
but  see  act  of  June 
session,  1S3S,  p.  5. 


Vagrants. 


Disorderly  persons. 


56  POLICE     DEPARTMENT. 

all  keepers  of  bawdy  houses,  or  houses  for  the  resort  of 
prostitutes,  drunkards,  tipplers,  gamesters  or  other  disor- 
derly persons ;  all  persons  who  keep  in  any  public  street, 
highway  or  other  public  place,  or  in  any  house,  out-house  or 
other  building,  or  in  any  yard,  garden  or  other  place  pos- 
sessed, occupied  or  used  by  them,  any  cards,  dice-tables, 
bowls,  wheel  of  fortune  or  other  tables,  box,  machine  or 
device  for  the  purpose  of  gaming  ;  all  persons  who  ga  about 
with  such  table,  wheel  or  other  machine  or  device,  exhibit- 
ing tricks  or  gaming  therewith  ;  all  persons  who  play  in  any 
public  street,  highway  or  other  public  place,  with  cards,  dice 
or  any  other  instrument  or  device  for  gaming;  all  jugglers, 
common  showmen  and  mountebanks  who  exhibit  or  perform 
for  profit  any  puppet-show,  wire  or  rope  dance,  or  other  idle 
shows,  acts  or  feats  in  the  public  streets,  highways  or  other 
public  places  ;  and  all  itinerant  musicians  who  perform  in 
the  public  streets,  highways  or  other  public  places,  shall  be 
deemed  disorderly  persons. 
Vagrants  or  disor-        ^EC.  1-.     Aud  be  it  fiirtJier  enacted,  That  any  person  who 

hnpnson^d"^  "^^^ ''^  shall  be  convicted,  before  any  one  or  more  of  the  justices  of 
the  peace  for  said  city  of  Providence,  of  being  a  vagrant, 
or  a  disorderly  person,  may  be  committed  to  prison  by  the 
magistrate  or  magistrates  before  whom  he  or  she  shall  be  so 
convicted,  for  a  term  not  exceeding  three  months. 
Drunkenness.  '$>^c.   13.     And  be  it  fiu'tker  enacted,  That  any  person  who 

shall  be  found  intoxicated  under  such  circumstances  as  shall 

Act  of  1878,  ch.  r>8G.    amount   to  a  violation   of  decency,  shall  be  fined   for  such 
offence   in  a  sum  not  exceeding  five  dollars  ;  and  in  default 

sibly  changed  by  the    of    payment    of    SUCh    fine,   together  with    the    costs  of    prose- 
act  of  1887,  chap.  C34)  .  1      11    v       •  ■  1    •       ^i        r>         -J 

was  restored  by  act   cution,  such   pcrsou  shall  be  mipnsoned  in  the  Providence 

of  1887,  chap.  638.  ...  .,         ■  ,    r  ^  i      n    i  •  i  •  ?    7 

county  jail  until  said  fine  and  costs  shall  be  paid  :  provided, 
/uncever,  that  such  person  shall  not  be  imprisoned  for  a 
longer  term  than  thirty  days  for  any  one  default. 
Power  of  board  of  ^EC.  14.  And  be  itfurt/ier  enacted,  That  it  shall  and  may 
SonscommlueTby  ^c  lawful  for  the  board  of  aldermen  of  said  city  to  liberate 
and  discharge  at  their  discretion,  any  person  committed  to 
prison  by  order  of  said  board,  before  the  expiration  of  the 
time  for  which  such  person  shall  have  been  committed,  upon 
such   conditions  as  said   board   may  think   proper ;  and   in 


their  order. 


POLICE     DEPARTMENT.  57 

case  any  person  so  liberated  shall  fail  to  fulfill  the  condi- 
tions prescribed,  said  board  may  recommit  said  person  to 
prison  for  and  during  the  remaining  portion  of  the  term  of 
confinement  originally  ordered. 

Sec.   15.     And  he   it  further  enacted.    That   it    shall    be      Power  of  mayor  or 

board  of  aldermen  to 

lawful    for   the   mayor,   or   the    board    of    aldermen,  of  the  liberate  persons  com- 
mitted by  sentence  of 

city  of  Providence,  to  liberate  and  discharge,  at  his  or  court, 
their  discretion,  any  person  committed  to  prison  for  the  Act  of  October,  i843. 
violation  of  any  ordinance  passed  by  the  city  council 
of  said  city,  or  who  shall  be  committed  by  any  one  or  more 
of  the  justices  of  the  peace  for  said  city,  under  and  by  vir- 
tue of  any  of  the  provisions  of  this  act,  notwithstanding 
the  time  for  which  such  person  shall  have  been  com- 
mitted may  not  have  expired,  upon  such  conditions  as 
said  mayor  or  board  of  aldermen  may  deem  proper ;  and 
in  case  any  person  so  liberated  shall  fail  to  fulfill  the 
conditions  by  said  mayor  or  board  of  aldermen  prescribed, 
the  court,  magistrate  or  magistrates,  by  whose  sentence 
such  person  may  have  been  originally  committed,  shall, 
upon  due  proof  of  such  failure,  recommit  such  person 
to  prison  for  and  during  the  remaining  portion  of  the  term 
of  confinement  originally  ordered. 


AN  ACT  AUTHORIZING  THE  CITY  OF  PROVIDENCE  TO    A-*    q|    1  O^C 

RESTRAIN      CERTAIN     ANIMALS     FROM     GOING     AT 

January  ](>. 

LARGE. 

Sectiun  I    Section 

1.  Animals  at  large.  I       2.  Forfeiture  of  swine  at  large. 

//  is  enacted  by  the  General  Assefnbly  as  follows  : 

Section  1.     From  and  after  the  passing  of  this  act,  the      Animals  at  large, 
city  of  Providence  shall  have  full  power  to  enact  ordinances 
and  regulations  prohibiting  horses,  cattle,  sheep,  hogs,  goats 
and  geese  from  going  at  large  within  the  limits  of  said  city  ; 
and  to  inflict  such  penalties  and  fines  for  the  breach  of  such 

,.  ,       .  ,.,.,,.  Fur  act  referred  to 

ordinances  and  regulations  as  they  are  authorized  to  innict   see  schedule,  October 

1  ,  .    .  f  -11  •  session,  1831,  p.  21, 

by  the  provisions  of  an  act  entitled  "An  act  to  incorporate 
the  city  of  Providence." 


58 


POLICE     DEPARTMENT 


Forfeiture  of  swine 
at  large. 


Sec.  2.  The  said  city  of  Providence  shall  also  have 
authority  to  declare  all  swine  found  running  at  large  within 
the  limits  of  said  city  to  be  forfeited  to  and  for  the  use  of 
the  poor  of  said  city,  or  of  such  persons  as  may  be  author- 
ized to  seize  the  same. 


Chapter 

of  March  14,  1863 


/Kg  AN  ACT  IN  AMENDMENT  OF  AN  ACT  ENTITLED  "AN 
ACT  AUTHORIZING  THE  CITY  OF  PROVIDENCE  TO 
RESTRAIN  CERTAIN  ANIMALS  FROxM  GOING  AT 
LARGE." 


Animals  feeding  or 
grazing  in  highway  to 
be  deemed  to  be  "go- 
ing at  large." 


Animals  feeding  or  grazing  in  the  highway  to  be  deemed  to  be  "  going  at  large." 

//  is  efiaded  by  the  General  Asse7)ibly  as  follows  : 

Section  1.  Any  horse,  cattle,  geese,  sheep,  hogs  and 
goats  which  shall  feed  or  graze  in  or  upon  any  of  the  high- 
ways within  the  limits  of  the  city  of  Providence,  shall  be 
deemed  and  held  to  be  "going  at  large,"  within  the  mean- 
ing and  intention  of  the  act  of  which  this  act  is  in  amend- 
ment. 


GhaOter  988     ^^^  ^^^  ^^  relation  to    cattle  going  at    LARGE 

of  April  26, 1872.  IN  THE  CITY  OF   providence. 


Section 
1.  Animals  at  large  without  permission 
of  the  mayor. 


Section 

2.  Penalty. 

3.  Operative  clause. 


Animals  at  large 
without  permission  of 
the  mayor. 


//  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.  No  owner  or  person  having  charge  of  any 
neat  cattle  or  swine  shall  permit  the  same  to  go  at  large, 
loose  or  unfastened,  in  any  street  or  highway  in  the  city  of 
Providence,  between  the  hours  of  five  o'clock  in  the  fore- 
noon and  twelve  o'clock  at  night,  except  by  special  permis- 
sion of  the  mayor  of  said  city. 


POLICE     DEPARTMENT. 


59 


Sec.  '2.     Any  person   violating   any  of  the  provisions  of  Penalty. 

this  act  shall   pay  a  fine  of  twenty  dollars  for   each    animal 
so  going  at  large  as  aforesaid. 

Sec.  o.     This  act  shall   take  effect  immediately  upon  its      Operative  clause, 
passage. 


AN    ACT    RELATIVE    TO    THE    STORAGE     OF    COTTON      Aq|  q|  1847 

WASTE  IN  THE  CITY  OF  PROVIDENCE.  ,       „^ 

June  25. 

Section  |    Section 

1.  Storage  of  cotton  waste.  I        2.  Penalty. 

//  is  enacted  by  the  General  Assembly  as  follows : 

Section  1.  No  cotton  waste  shall  be  stored  within  the 
compact  part  of  the  city  of  Providence,  as  defined  by  the 
board  of  aldermen  of  said  city  under  "An  act  relating  to 
theatrical  exhibitions  and  places  of  amusement,"  without 
permission  from  said  board  of  aldermen. 

Sec.  '1.  If  any  cotton  waste  shall  be  hereafter  stored 
within  such  compact  part  of  said  city,  without  the  permis- 
sion aforesaid,  the  occupant  of  the  building  in  which  it  may 
be  stored,  and  the  owner  of  such  waste,  shall  each  forfeit 
and  pay  a  fine  of  fifty  dollars  for  every  such  offence,  one 
half  thereof  to  and  for  the  use  of  the  state,  and  one  half 
thereof  to  and  for  the  use  of  the  complainant ;  to  be  re- 
covered by  indictment  in  any  court  proper  to   try  the  same. 


Storage  of  cotton 

waste. 

For  act  re/erred  to, 

see  Digest  of  1844, 

p.  352,  sec.  0. 


Penalty. 


AN  ACT  TO  REGULATE  THE    STORAGE,  KEEPING  AND 
SALE  OF  FIRE  WORKS  IN  THE  CITY  OF  PROVIDENCE. 


Section 
1.  Keeping  and  sale  of  fireworks. 
'2.  Regulation  by  board  of  aldermen. 
3.  License  may  be  for  what  term  ;  may 
be  revoked. 


Section 

4.  Fee  for  license. 

5.  Penalty. 

0.  Operative  clause ;  repeal  of  Chapter 
312,  of  March  27,  1873. 


Chapter  520 

Of  May  28,1885. 


/t  is  etiacted  by  the  General  Assembly  as  follo7VS  : 

Section  1.  No  person  shall  keep  or  sell  any  fireworks  in  Keeping  and  sale  of 
the  city  of  Providence  without  first  having  obtained  from 
the  board  of  aldermen  of  said  city  a  license  therefor,  signed 
by  the  clerk  of  said  board,  upon  which  shall  be  printed  a 
copy  of  the  rules  made  by  said  board  relative  to  the  stor- 
age, keeping  and  sale  of  fireworks  in  said  city. 


60 


POLICE     DEPARTMENT. 


Regulation  by  board 
of  aldermen. 


License   may   be   for 
what  term. 


May  be  revoked. 


Fee  for  license. 


Penalty. 


Operative  clause. 


Sec.  2.  Said  board  of  aldermen  are  hereby  authorized, 
from  time  to  time,' to  make  rules  and  regulations  relative  to 
the  storage,  keeping  and  sale  of  fireworks  in  said  city,  and, 
in  their  discretion,  to  grant  or  refuse  to  grant  license  to  keep 
and  sell  fireworks  in  said  city. 

Sec.  3.  Every  license  so  granted  shall  continue  in  force 
for  such  length  of  time  as  said  board  of  aldermen  may 
determine,  not  longer,  however,  than  the  municipal  term  of 
office  of  the  board  granting  the  same  :  ptwided,  however, 
that  the  said  board  of  aldermen  may  at  any  time  revoke  any 
such  license. 

Sec.  4.  Every  person  licensed  by  said  board  of  alder- 
men, as  aforesaid,  shall  pay  to  the  clerk  of  said  fcoard  for 
such  license  the  sum  of  two  dollars  for  the  use  of  said  city. 

Sec.  5.  Any  person  who  shall  violate  any  of  the  provis- 
ions of  this  act,  or  any  of  the  rules  and  regulations  estab- 
lished by  said  board  of  aldermen,  shall  pay  a  fine  of  twenty 
dollars  for  each  offence. 

Sec.  6.  This  act  shall  take  effect  on  its  passage;  and 
Chapter  312  of  the  public  laws,  passed  January,  1878,  is 
hereby  repealed. 


Act  of  1821      ^^    ^^^    REGULATING  THE    STORAGE,  SAFE-KEEPING 
October  30.  AND     TRANSPORTATION    OF     GUNPOWDER    IN     THE 

TOWN    OF    PROVIDENCE. 


Section 

1.  Limitation   on   tlie    keeping  of   gun- 

powder. 

2.  No  person  to  sell  gunpowder  with- 

out license  from  town  council. 

3.  Penalty    for    illegal    keeping,  trans- 

porting or  selling  gunpowder. 

4.  Gunpowder   may   be    seized    by   the 

firewards,  and  may  be  libelled  and 
adjudged  to  be  forfeited. 
.5.  Penalty  for  rescuing  gunpowder. 

6.  Firewards  may  examine  places  where 

gunpowder  is  sold ;  and  in  case  of 
fire,  may  remove  or  destroy  gun- 
powder. May  obtain  search-war- 
rants for  gunpowder. 

7.  Party   injured   by  explosion   of  gun- 

powder, kept  contrary  to  this  act, 
may  recover  damages. 


Section 

8.  Restrictions  on  ves:;els  with  gunpow- 

der on  board. 

9.  Gunpowder  to  be  landed  or  shipped 

at  place   designated    by   the    town 
council. 

10.  11.  Transportation  of  gunpowder  in 

town. 

12.  Transportation  in  boats. 

13.  Application  for  license  to  keep  and 
sell  gunpowder. 

14.  Retail  dealers  in  gunpowder. 

15.  Wholesale  dealers  in  gunpowder. 
IC.  All  dealers  to  display  a  sign. 

17.  Gunpowder  may  be  kept  in  places 
designated  by  the  town  council. 

18.  Penalties,  liow  to  be  recovered. 

19.  Act  of  June,  1802,  repealed. 


POLICE     DEPARTMENT. 


61 


Section  1.  Be  it  enacted  by  the  General  Assembly,  and  by 
the  authority  thereof  it  is  enacted.  That  no  person  except  on 
military  duty  in  the  public  service  of  the  United  States,  or  of 
this  state,  shall  keep,  have  or  possess  in  any  house,  ware- 
house, shop  or  other  building,  nor  in  any  street,  lane,  alley, 
passageway,  yard  or  cellar,  nor  in  any  wagon,  cart  or  other 
carriage,  nor  on  any  wharf,  nor  on  board  of  any  ship  or 
other  vessel,  nor  in  any  place  within  the  town  of  Providence, 
gunpowder  in  any  quantity  exceeding  five  pounds,  in  any 
way  or  manner  other  than  by  this  act  may  be  permitted  and 
allowed  ;  and  all  gunpowder  had,  kept  or  possessed,  con- 
trary to  the  provisions  hereof,  shall  be  forfeited,  and  liable 
to  be  seized  and  proceeded  against  in  the  manner  herein- 
after provided. 

Sec.  2.  And  be  it  further  enacted,  That  it  shall  not  be 
lawful  for  any  person  or  persons  to  sell  any  gunpowder 
which  may  at  the  time  be  within  the  town  of  Providence,  in 
any  quantity,  by  wholesale  or  retail,  without  first  having  ob- 
tained from  the  town  council  of  said  town  a  license  to  sell 
gunpowder;  and  every  such  license  shall'  be  written  or 
printed,  and  signed  by  the  president  of  said  council  or  their 
clerk,  on  a  paper  upon  which  shall  be  written  or  printed  a 
copy  of  this  act ;  and  every  such  license  shall  be  in  force 
for  one  year  from  the  date  thereof,  unless  annulled  by  said 
council,  and  no  longer  ;  but  such  license  may,  prior  to  the 
expiration  of  that  time,  be  renewed  by  endorsement  thereon 
for  a  further  term  of  one  year,  and  so  from  year  to  year  : 
provided  always,  that  the  said  town  council  may  annul  any 
such  license,  if  in  their  opinion  the  person  or  persons  li- 
censed have  forfeited  the  right  of  using  the  same  by  any 
violation  of  the  law  relative  thereto  ;  and  every  person  who 
shall  receive  a  license  as  aforesaid  shall  pay  therefor  the 
sum  of  five  dollars,  and  on  having  the  same  renewed  shall 
pay  therefor  the  sum  of  one  dollar,  which  shall  be  paid  to 
the  clerk  of  said  council  for  their  use,  for  the  purposes  of 
defraying   the  expenses  of  carrying  this  act  into  execution. 

Sec.  ;>.  And  be  it  further  etiacted.  That  any  person  or 
persons  who  shall  keep,  have,  possess,  or  transport  any  gun- 
powder within  the  town  of  Providence,  contrary  to  the  pro- 


Limitation  on  keep- 
ing of    gunpowder. 


Sale  of  gunpowder. 


Form  of  license. 


Term  of  license. 


License  may  be 
annulled. 


Fee  for  license. 


Penalty  for  illegal 
keeping,  transporting 
or  selling  gunpowder. 


62 


POLICE     DEPARTMENT. 


Penalty  if  the  gun- 
powder explodes. 


Gunpowder    may  be 
seized  by  firewards. 


May  be  libelled. 


May  be  forfeited. 


visions  of  this  act,  or  who  shall  sell  any  gunpowder  therein 
without  having  a  license  therefor,  then  in  force,  shall  forfeit 
and  pay  a  fine  of  not  less  than  twenty  dollars,  and  not  ex- 
ceeding five  hundred  dollars,  for  each  and  every  offence  ; 
and  if  any  gunpowder  kept  contrary  to  the  provisions  of 
this  act  shall  explode  in  any  shop,  store,  dwelling-house, 
warehouse  or  other  building,  or  in  any  place  in  said  town, 
the  occupant,  tenant  or  owner  of  which  has  not  a  license  in 
force  to  keep  and  sell  gunpowder  therein,  or  which  gun- 
powder shall  have  been  kept  in  any  manner  contrary  to  the 
terms  and  conditions  of  such  license,  such  occupant,  tenant 
or  owner  shall  forfeit  and  pay  a  fine  of  not  less  than  twenty 
dollars,  nor  more  than  five  hundred  dollars. 

Sec.  4.  And  be  it  fiu-thcr  enacted.  That  all  gunpowder 
which  shall  be  kept,  had  or  possessed  within  the  town  of 
Providence,  or  brought  into  it  or  transported  through  the 
same,  contrary  to  the  provisions  of  this  act,  may  be  seized 
and  taken  into  custody,  by  any  one  or  more  of  the  firewards 
of  said  town  ;  and  the  same  shall,  within  ten  days  next  after 
the  seizure  thereof,  be  libelled  by  filing  in  the  office  of  the 
clerk  of  the  court  of  common  pleas,  within  and  for  the 
county  of  Providence,  a  libel  stating  the  time  and  place  and 
cause  of  such  seizure  ;  a  copy  of  which  libel,  or  the  sub- 
stance thereof,  together  with  a  summons  or  notice,  which 
such  clerk  is  hereby  authorized  to  issue,  shall  be  served  on 
the  person  or  persons  from  whose  custody  or  possession,  or 
in  whose  tenement,  such  gunpowder  shall  have  been  seized, 
if  such  person  or  persons  be  an  inhabitant  or  inhabitants  of 
this  state,  by  delivering  a  copy  thereof  to  such  person  or 
persons,  or  leaving  such  copy  at  his,  her  or  their  usual  place 
of  abode,  twenty  days  at  least  before  the  sitting  of  the  court 
at  which  the  same  is  to  be  heard,  that  such  person  or  per- 
sons may  appear  and  show  cause  why  the  gunpowder  so 
seized  and  taken  shall  not  be  adjudged  forfeit ;  and  if  the 
gunpowder  so  seized  shall  be  adjudged  forfeit,  the  person 
or  persons  in  whose  custody  or  possession  the  same  was 
seized,  or  the  occupant  or  tenant  of  the  place  wherein  the 
same  was  seized,  shall  pay  all  costs  of  prosecution,  and  ex- 
ecution  shall    be  issued   therefor,  provided  it  appear   that 


POLICE     DEPARTMENT. 


♦33 


Penalty  for  rescue  of 
gunpowder. 


such  person  or  persons  had  due  notice  of  such  prosecution, 
by  service  as  aforesaid  ;  and  in  case  the  person  or  persons 
in  whose  custody  or  possession,  or  in  whose  tenement,  such 
gunpowder  may  be  seized,  shall  be  unknown  to  the  fireward 
or  firewards  making  such  seizure,  or  in  case  such  gunpow- 
der at  the  time  of  seizure  may  not  be  in  the  custody  or  pos- 
session of  any  person,  or  if  it  shall  appear  by  the  return  of 
the  officer  that  such  person  or  persons  cannot  be  found,  or 
has  no  known  place  of  abode  in  this  state,  then  said  court 
shall  and  may  proceed  to  adjudication  thereon  ;  and  such 
libel  or  summons;  and  also  such  writ  of  execution  for  costs, 
shall  and  may  be  served  and  executed  in  any  county  in  this 
state,  by  any  officer  competent  to  execute  civil  process  in 
like  cases. 

Sec.  5.  And  be  it  further  enacted,  That  any  person  or 
persons  who  shall  rescue  or  attempt  to  rescue  any  gunpow- 
der seized  as  aforesaid,  or  shall  aid  or  assist  therein,  or  who 
shall  counsel  or  advise  or  procure  the  same  to  be  done,  or 
who  shall  molest,  hinder  or  obstruct  any  fireward  in  such 
seizure,  or  in  carrying  gunpowder  so  seized  to  a  place  of 
safety,  shall  forfeit  and  pay  a  fine  for  each  ofifence  of  not 
less  than  twenty  dollars  and  not  exceeding  five  hundred 
dollars;  and  it  is  hereby  made  the  duty  of  all  magistrates, 
civil  officers,  and  of  all  good  citizens  of  said  town,  in  their 
respective  stations,  and  as  far  as  they  may  be  required,  to 
aid  and  assist  such  fireward  or  firewards  in  executing  the 
duties  hereby  required. 

Sec.  G.     And  be  it  further  enacted.    That   the   said   fire-      Firewards  may  ex- 
wards,  or  any  of  them,  may  enter  the  store  or   place  of  any  gunpowd "^'^ "Jw  1 

I  •  Jill  1  i  •  and   in  case   of  fire, 

person  or  persons  licensed  to  sell  gunpowder,  to  examme  may  remove  or  de- 
and  ascertain  whether  the  laws  relating  thereto  are  strictly 
observed ;  and  also,  whenever  there  may  be  an  alarm  of 
fire ;  and  in  such  last  case,  may  cause  the  powder  there  de- 
posited to  be  removed  to  a  place  of  safety,  or  to  be  de- 
stroyed by  wetting  or  otherwise,  as  the  exigency  of  the  case 
may  require  ;  and  it  shall  be  lawful  for  any  one  or  more  of 
the  firewards  aforesaid  to  enter  any  dwelling-house,  store, 
building  or  other  place  in  said  town  to  search  for  gunpow- 
der which  they  may  have  reason  to  suspect  to  be  concealed 


stroy  gunpowder. 


64 


POLICE     DEPARTMENT. 


Search-warrants. 


Right  of  action  for 
damages  resulting 
from  explosion. 


Restrictions  on  ves- 
sels having  gunpow- 
der on  board. 


Gunpowder  to  be 
landed  or  shipped  at 
place  designated  by 
town  council. 


Trausijortation  of 
gunpowder. 


or  unlawfully  kept  therein,  first  having  obtained  from  some 
justice  of  the  peace  of  said  town  a  search-warrant  therefor, 
which  warrant  any  one  of  the  justices  of  said  town  is  hereby 
respectively  authorized  to  issue,  upon  the  complaint  of  such 
fireward  or  firewards,  supported  by  his  or  their  oath  or 
afifirmation. 

Sec.  7.  A  }ui  be  it  further  enacted,  That  any  person  who 
shall  suffer  injury  by  the  explosion  of  any  gunpowder  had, 
kept  or  transported  within  the  town  of  Providence,  contrary 
to  the  provisions  of  this  act,  may  have  an  action  of  the  case, 
in  any  court  proper  to  try  the  same,  against  the  owner  or 
owners  of  such  gunpowder,  or  against  any  other  person  or 
persons  who  may  have  had  the  custody  or  possession  of  the 
same  at  the  time  of  the  explosion  thereof,  to  recover  reason- 
able damages  for  the  injury  thus  sustained. 

Sec.  8.  And  be  it  further  enacted.  That  no  ship  or  other 
vessel  on  board  of  which  gunpowder  shall  be  laden,  shall  lie 
at  any  wharf  in  the  town  of  Providence,  nor  at  any  place 
north  of  India  Point  channel  within  said  town. 

Sec  9.  And  be  it  further  enacted,  That  when  any  gun- 
powder shall  be  landed  in  the  town  of  Providence,  from  on 
board  any  ship,  boat  or  other  vessel,  the  same  shall  and 
may  be  brought  to  and  landed  at  such  place  or  places  as 
may  be  designated  by  the  town  council  of  said  town  ;  and 
when  any  gunpowder  shall  be  intended  to  be  laden  on  board 
of  any  ship  or  vessel  lying  in  the  harbor  of  Providence,  the 
same  shall  and  may  be  brought  to  and  delivered  and  laden 
from  such  place  or  places  as  may  be  designated  as  afore- 
said ;  and  no  gunpowder  shall  be  landed  at,  or  shipped 
from,  any  other  wharf  or  place  in  said  town,  nor  detained 
an  unnecessary  length  of  time  at  said  wharf  or  place. 

Sec.  10.  And  be  it  further  enacted,  That  all  gunpowder 
which  shall  be  transported  through  said  town,  to  whatever 
place  it  may  be  destined,  shall  be  put  into  strong  leather 
bags,  closely  tied,  and  on  which  shall  be  painted  in  Roman 
capitals  the  word  gunpowder,  and  shall  so  remain  in  said 
bags  whilst  it  is  within  the  bounds  of  said  town,  and  shall 
not  be  suffered  to  remain  a  longer  time  than  is  necessary  in 
the  boat  or  carriage  in  which   it  may  be  transported  :  pro- 


POLICE     DEPARTMENT. 


65 


rilled,  hown'er,  that  said  bags  may  be  taken  off  whenever 
said  powder  shall  be  deposited  in  some  magazine,  as  here- 
inafter designated. 

Sec.  11.  And  be  it  further  enacted,  That  all  gunpowder 
transported  through  said  town,  except  when  carried  by 
hand,  shall  be  conveyed  in  a  cart,  wagon  or  other  carriage 
closely  covered  with  leather  or  canvas,  marked  as  afore- 
said with  the  word  gunpowder  in  some  conspicuous  place 
thereon,  excepting,  however,  that  a  quantity  of  gunpowder, 
not  exceeding  in  the  whole  four  casks  of  twenty-five  pounds 
each,  may  be  received  and  put  into  any  cart  or  wagon  which 
is  to  pass  through  any  part  of  the  town  on  its  way  to  the 
country  :  provided,  that  each  cask  shall  be  put  into  a  leather 
bag,  closely  tied  up  and  marked  as  aforesaid,  and  so  remain 
until  without  the  bounds  of  said  town. 

Sec.  12.  And  be  it  furt/ier  enacted,  That  all  boats  em- 
ployed in  transporting  gun])owder  shall  have  the  casks  of 
powder  covered  with  canvas,  and  shall  have  a  red  flag  dis- 
played in  the  bow  or  stern  of  the  boat,  so  long  as  any  pow- 
der remains  on  board. 

Sec.  lo.  And  be  it  further  enacted.  That  all  persons  who 
wish  to  have  a  license  to  keep  and  sell  gunpowder  within 
the  town,  shall  make  application  to  the  town  council  in 
writing,  stating  their  place  of  business,  and  whether  they 
wish  to  sell  by  wholesale  or  retail,  or  both  ;  and  to  each 
person  or  firm  who  may  be  approbated,  a  certificate  of 
license  shall  be  granted  on  payment  of  the  fee  established 
by  law. 

Sec.  14.  And  be  it  further  enacted,  That  every  person  or 
firm  who  may  be  licensed  to  sell  gunpowder  by  retail,  shall 
be  allowed  to  keep  in  the  place  or  building  designated  in 
the  license,  twenty-five  pounds  of  gunpowder,  and  no  more 
at  one  time,  which  shall  always  be  kept  in  tin  or  copper 
canisters,  capable  of  containing  no  more  than  twelve  and  a 
half  pounds  each,  with  a  small  aperture  at  the  top,  and  a  tin 
or  copper  cover  thereto. 

Sec.  15.  And  be  it  further  enacted.  That  every  person  or 
firm  who  may  be  licensed  to  sell  gunpowder  by  wholesale, 
shall  provide  and  keep  a  tin  or  copper  chest,  with  two 
9 


Same  subject. 


Transportation  in 
boats. 


Applications  for 
licenses  to  keep  and 
sell  gunpowder. 


Retail  dealers  in 
gunpowder. 


Wholesale  dealers  in 
gunpowder. 


66 


POLICE     DEPARTMENT. 


Dealers  to  display 
a  sign. 


Gunpowder  may  be 
kept  in  places  desig- 
nated by  town  coun- 
cil. 


Penalties,  how  to  be 
recovered. 


Act  of  June,  1802, 
repealed. 


handles  and  a  tight  cover,  furnished  with  a  hinge  and  se- 
cured with  a  padlock,  all  of  tin  or  copper  ;  such  chest  shall 
always  be  kept  on  the  lower  floor,  on  the  right  side  of  and 
close  to  the  principal  door  or  entrance  from  the  street  into 
the  building  so  licensed,  except  when  otherwise  designated 
by  the  council,  and  shall  always  be  kept  locked,  except 
when  powder  is  put  in  or  taken  out;  and  such  person  or 
firm,  so  licensed,  shall  be  allowed  to  deposit  and  keep,  in 
such  tin  or  copper  chest,  a  quantity  of  gunpowder  not  ex- 
ceeding four  casks  of  twenty-five  pounds  each  ;  the  heads 
of  each  cask  not  to  be  opened,  and  each  cask  to  be  kept  in 
a  strong  leather  bag,  closely  tied  and  marked  as  aforesaid. 
Sec.  16.  And  be  it  further  enacted.  That  every  person  or 
film  licensed  to  keep  and  sell  gunpowder  as  aforesaid,  by 
wholesale  or  retail,  shall  have  and  keep  a  sign-board  placed 
over  the  door  or  building  in  which  such  powder  is  kept, 
on  which  shall   be  painted   in   Roman   capitals   the  words 

LICENSED  TO  SELL  GUNPOWDER. 

Sec.  17.  And  be  it  furt/ier  enacted,  Th-di  no  gunpowder 
shall  be  kept,  otherwise  than  as  before  provided  for  licensed 
dealers,  at  any  place  within  the  town  of  Providence,  except 
in  such  place  or  places,  and  in  such  buildings,  as  may  be 
designated  by  the  town  council  thereof. 

Sec.  18.  And  be  it  further  enacted,  T\\dX -aW  fines,  penal- 
ties and  forfeitures,  except  otherwise  herein  prescribed, 
which  may  arise  and  accrue  under  the  provisions  of  this 
act,  shall  and  may  be  prosecuted  for  and  recovered  by  in- 
dictment or  action  of  the  case,  in  any  court  of  competent 
jurisdiction  ;  one  half  thereof  to  and  for  the  use  of  the  poor 
of  said  town,  to  be  paid  over  to  the  treasurer  thereof,  and 
one  half  to  and  for  the  use  of  any  person  or  persons  who 
may  prosecute  or  sue  for  the  same;  and  this  act  shall  be 
deemed  and  taken  to  be  a  public  act,  and  shall  and  may  be 
proceeded  on  as  such. 

Sec.  19.  And  be  it  further  enacted,  That  the  act  entitled 
"An  act  relative  to  the  keeping  of  gunpowder  in  the  town  of 
Providence,"  be  and  the  same  is  hereby  repealed  :  provided, 
however,  that  the  same  shall  continue  in  force  for  the  pur- 
pose of  prosecuting  all  offences  which  may  have  been  com- 
mitted prior  to  the  passing  hereof. 


POLICE     DEPARTMENT. 


67 


AN  ACT  REGULATING  THE  STORING  OF  LIME  IN    THE 
TOWN  OF   PROVIDENCE. 


.Sectio.v 

1.  Storage  of  stone-lime  in  buildings, 
below  highest  tide-water  mark,  pro- 
hibited. 


Section 
'2.  Penalty  in  case  of  tire  resulting  from 
unlawful  storage. 


Section  1.  Be  it  enacted  by  the  General  Assembly,  and  by 
the  ai/tho'ity  thereof  it  is  enacted,  That  it  shall  not  be  lawful 
to  deposit  stone-lime  on  any  floor,  platform  or  ground,  within 
any  store  or  other  building  in  the  town  of  Providence,  below 
the  highest  tide-water  mark  ;  and  in  case  any  lime  shall  be 
deposited  contrary  to  the  true  intent  and  meaning  hereof, 
the  town  council  of  said  town  are  hereby  empowered  to 
order  such  lime  to  be  forthwith  removed,  by  the  owner  or 
occupant  of  such  store,  or  owner  of  such  lime ;  and  in  case 
the  owner  or  occupant  of  such  store,  or  owner  of  such  lime, 
shall  refuse  or  neglect,  for  the  space  of  twenty-four  hours 
after  notic*^  of  such  order,  to  remove  such  lime,  he,  she  or 
they  so  offending  shall  be  liable  to  pay,  to  and  for  the  use 
of  said  town,  a  fine  not  exceeding  forty  dollars;  and  said 
town  council  shall  and  may  cause  the  same  to  be  forthwith 
removed,  and  may  cause  so  much  of  said  lime  to  be  sold  at 
public  auction  as  will  be  sufficient  to  defray  the  expenses 
of  such  removal. 

Sec.  '2.  And  be  it/urther  enacted,  That  in  case  any  dam- 
age shall  happen  by  fire  by  the  storing  of  lime  contrary  to 
the  true  intent  and  meaning  of  this  act,  the  occupant  of  the 
store  or  building  in  which  such  lime  shall  be  stored  shall  be 
liable  to  and  pay  a  fine  not  exceeding  five  hundred  dollars, 
to  and  for  the  use  of  said  town. 


Act  Of  1805 

February'  26. 


Storage  of    nie 


( )rder  for  removal. 


Penalty  for  neglect  to 
remove. 


Penalty  in  case  of 
fire  resulting  from  un- 
lawful storage. 


AN    ACT   REGULATING   THE    PILING    OF  LUMBER   AND 
WOOD  WITHIN  CERTAIN  LIMITS  IN  PROVIDENCE. 

Lumber  and  wood  not  to  be  piled  higher  than  thirteen  feet  within  certain  limits. 


Act  Of  1831 

November  '2, 


Be  it  enacted  by  the  General  Assembly,  and  by  the  authority  Lumber  and  wood 
thereof  it  is  enacted,  That  from  and  after  the  rising  of  this  d^n*" 'thiril'en'"feet 
general  assembly,  no  person  shall  pile  or  cause  to  be  piled, 
or  aid   or  assist  in  piling,  or  within  his  or  her  possessions, 


within  certain  limits 


68 


POLICE     DEPARTMENT. 


For  these  limits,    suffei'  01"  permit  to  be  or  to  remain  piled,  any  boards,  planks, 

sec  sec.  o  of  the   act       ,  .  . 

re/erred  to  behnv.  shinglcs,  timber,  clapboards  or  other  lumber,  or  any  wood, 
in  any  pile  or  heap  to  a  greater  height  than  thirteen  feet,  in 
any  place  in  the  town  of  Providence,  within  the  limits  within 
which  the  erection  of  wooden  buildings  exceeding  in  height 
thirteen  feet  is  now  prohibited  by  law.  And  every  person 
offending  against  any  of  the  provisions  of  this  act  shall  be 
subject  to  the  same  fine,  forfeiture  and  penalties,  to  be  re- 
covered in  the  same  manner,  as  provided  in  and  by  the 
fourth  section  of  the  act  entitled  "An  act  to  prevent  erect- 
ing wooden  buildings  in  certain  parts  of  the  town  of  Provi- 
dence." * 


Penalty,  and  how  to 
be  recovered. 


*  Section  4  of  this  act,  passed  October-  31,  1S17 ,  {see  October  session,  fiage  3(i ;  Di- 
gest of  1822,  page  471),  is  asfolloivs  : 

"  Sec.  4.  And  be  it  further  enacted.  That  every  person  who  shall  erect  or  add  to  or 
cause  to  be  erected  or  added  to  any  building  in  said  town  of  Providence,  contrary  to  the 
true  intent  and  meaning  and  against  the  provisions  of  this  act,  shall  forfeit  and  pay  a 
fine  of  not  less  than  fifty  dollars  nor  more  than  five  liundred  dollars,  according  to  the 
nature  and  aggravation  of  the  offence ;  to  be  recovered  by  information  in  the  supreme 
judicial  court,  which  it  shall  be  tlie  duty  of  the  attorney-general  to  file  in  all  cases  which 
may  come  to  his  knowledge,  or  by  indictment  before  said  court." 


Chapter  501 

of  April  24,  1885. 


Regulation  of  boot- 
blacks, newsboys  and 
street  venders. 


AN  ACT  IN  AMENDMENT  OF  CHAPTER  .598  OF  THE 
PUBLIC  LAWS,  PASSED  AT  THE  JANUARY  SESSION, 
A.  D.  1866,  ENTITLED  "AN  ACT  TO  REVISE,  CON- 
SOLIDATE AND  AMEND  AN  ACT  ENTITLED  'AN  ACT 
TO  INCORPORATE  THE  CITY  OF  PROVIDENCE,'  AND 
OF  THE  SEVERAL  ACTS  IN  AMENDMENT  THEREOF 
AND  IN  ADDITION  THERETO." 


Section 

1.  Regulation   of  bootblacks,  newsboys 
and  street  venders.  ■ 


Section 

3.  Exception  of  certain  venders. 

4.  Operative  clause. 


2.  Penalty. 

//  is  etiactcd  by  the  General  Assembly  as  foUoivs  : 

Section  1.  The  board  of  aldermen  of  the  city  of  Provi- 
dence may  make  rules,  regulations,  orders  and  restrictions 
concerning  bootblacks,  newsboys,  hucksters,  street  venders, 
hawkers  and  peddlers  carrying  on  their  vocations  as  such 
respectively  within  said  city.     Said  board  of  aldermen  may 


POLICE     DEPARTMENT. 


69 


Penalty. 


also  make  rules,  regulations,  orders  and  restrictions  con- 
cerning the  method  and  manner  of  carrying  on  of  either  or 
all  of  said  vocations,  and  the  places  where  the  same  may 
be  carried  on,  and  concerning  the  conduct  of  the  persons 
carrying  on  the  said  or  either  of  the  said  vocations,  as  it 
may  deem  proper,  and  may  from  time  to  time  alter,  amend  or 
add  to  such  rules,  regulations,  orders  and  restrictions. 

Sec.  2.  Whoever  shall  violate  any  of  the  rules,  regula- 
tions, orders  or  restrictions  made  by  the  said  board  of  alder- 
men, pursuant  to  the  authority  given  by  the  preceding  sec- 
tion, shall  be  fined  not  exceeding  twenty  dollars  or  be  im- 
prisoned not  exceeding  ten  days. 

Sec.  8.  Nothing  herein  contained  shall  be  deemed  to 
affect  hawkers  and  peddlers  selling  under  a  state  license, 
or  any  person  selling  religious  books  and  publications  in 
behalf  of  bible,  tract  or  other  religious  or  moral  societies 
for  the  purpose  of  promoting  religious  or  moral  improve- 
ment, and  which  are  sold  for  that  purpose  and  not  for  pecun- 
iary profit ;  or  butchers  retailing  meats  from  carts,  or 
persons  retailing  from  carts  or  baskets  fruits  or  vegetables 
grown  in  the  state,  or  any  person  selling  any  article  manu- 
factured with  his  own  hands,  or  any  article  of  household 
manufactuie. 

Sec.  4.     All  acts  and  parts  of  acts  inconsistent  herewith    operative  ciaus 
are  hereby  repealed  ;  and  this  act  shall  take  effect  on  and 
after  its  passage. 


Exception  of  certain 
venders. 


AN  ACT  IN  AMENDMENT  OF  CHAPTER  598  OF  THE 
STATUTES,  ENTITLED  "AN  ACT  TO  REVISE,  CON- 
SOLIDATE AND  AMEND  THE  ACT  ENTITLED  'AN 
ACT  TO  INCORPORATE  THE  CITY  OF  PROVIDENCE,' 
AND  THE  SEVERAL  ACTS  IN  ADDITION  THERETO 
AND  IN  AMENDMENT  THEREOF." 


Chapter  685 

of  April  I'-',  1878. 


Section 
4.  Powers  of  constables. 
5    Appointments  until  January,  1879. 
G.   Inconsistent  acts  repealed. 


Section 
I.  .'\ppointment   of  constables  to  serve 

civil  process. 
-.  Vacancies  may  be  filled. 
H.  Revocation  of  appointments. 

//  /s  enacted  by  the  General  Assembly  as  folloivs : 

Section  1.     The  board  of  aldermen  of  the  city  of  Provi-     Appointmentofcon- 

d,      ,,     .         ,  1        r     T  <•  1  •  Stables  to  serve  civil 

ence  shall,  in  the  month  of   January  of   each  year,  appoint  process. 


70 


POLICE     DEPARTMENT. 


Vacancies. 


Revocation. 


Powers  of  constables. 


Appointments  until 
January,  1879. 


Inconsistent  acts 
repealed. 


constables,  not  exceeding  ten  in  number,  who  shall  hold 
office  for  the  term  of  one  year  from  the  time  of  appoint- 
ment and  until  their  successors  are  elected  and  qualified; 
and  every  such  constable  so  appointed  shall  before  entering 
upon  the  duties  of  his  office,  execute  and  deliver  a  bond  to 
the  treasurer  of  said  city,  with  at  least  two  sureties,  to  be 
approved  by  said  board  of  aldermen,  in  the  sum  of  two 
thousand  dollars,  for  the  due  and  faithful  execution  of  his 
office  according  to  law. 

Sec,  2.  In  case  of  death,  resignation  or  removal  of  any 
constable,  said  board  of  aldermen  may  fill  by  appointment 
any  such  vacancy  so  made  for  the  balance  of  the  time  for 
which  such  constable,  so  dead,  resigned  or  removed,  was 
appointed;  and  such  appointee  shall  give  like  bond  as  is 
required  in  section  one  of  this  act. 

Sec.  o.  The  board  of  aldermen  shall  have  power  to  re- 
voke any  appointment  of  constable  made  as  aforesaid  after 
due  hearing. 

Sec.  4.  Constables  in  the  city  of  Providence  shall  have 
and  possess  all  the  powers  and  be  subject  to  all  the  liabil- 
ities now  given  or  imposed  upon  constables  by  law,  except 
as  hereinafter  limited.  No  constable  appointed  in  any 
other  town  of  this  state  shall  have  power  to  serve  any  civil 
process  in  the  city  of  Providence,  except  such  process  shall 
be  issued  by  a  court  or  magistrate  outside  of  said  city,  or 
the  party  plaintiff  or  defendant,  or  some  one  of  them, 
shall  reside  without  said  city.  Constables  appointed  under 
this  act  shall  not  serve  any  civil  process  outside  of  the  city 
of  Providence,  except  such  process  shall  issue  from  a  court 
or  magistrate  in  the  city  of  Providence,  or  the  party  plaintiff 
or  defendant,  or  some  one  of  them,  shall  reside  in  said  city. 

Sec.  5.  The  board  of  aldermen  of  said  city  may  appoint 
constables,  not  exceeding  ten  in  number,  who  shall  hold 
office  until  the  appointment  of  constables  in  January,  a.  d. 
1879,  and  such  appointees  shall  give  like  bond  as  is  re- 
quired in  the  first  section  of  this  act. 

Sec.  6.  All  acts  and  parts  of  acts  inconsistent  herewith 
are  hereby  repealed. 


FIRE  DEPARTMENT. 


Chapter  654 


AN  ACT  IN  RELATION  TO  THE  FIRE  DEPARTMENT  OF 

THE    CITY   OF    PROVIDENCE.  „f   Februarys,   186' 

Section  ,     Section 

1.  City  council  to  elect  three  presidents    i         2.  Damages  for  blowing  up  buildings, 
of  fire  department ;  chief  engineer    j  •     how  to  be  paid, 

to  be  one  ;  their  powers  and  duties.    ]        3.  Repeal  of  certain  acts,  and  all  acts 

inconsistent  herewitli. 

//  /s  enacted  by  the  General  Asseinbly  as  follows : 

Section  1.     The  city  council  of  the  city  of  Providence   Presidents  of  the  fire 
shall  annually  elect  three  competent  and  judicious  citizens,  epar  men  . 

of  whom  the  chief  engineer  of  the  fire  department  of  said 
city  for  the  time  being  shall  always  be  one,  who  shall  be 
styled  presidents  of  the  fire  department,  and  who  shall  be 
severally  empowered  to  give  directions,  and  to  see  that  the 
same  are  carried  into  execution,  for  the  pulling  down  or 
blowing  up  of  any  building  or  buildings  which  shall  be 
adjudged  by  them,  or  either  of  them,  proper  to  be  pulled 
down   or  blown  up  to  prevent   the  spreading  of  any  fire  in      to  have  powers  of 

...  o-i  •!  riz-i  1  1     firewards  under  gun- 

said  city.     Said  presidents  of  the  tire  department  so  elected   powder  act. 
shall   also  have  all  the  powers  and  exercise   all    the   duties   See  pages  02,03. 
conferred  or  imposed  upon  firewards  in  and  by  an  act.  enti- 
tled  "An  act  regulating  the  storage,  safe  keeping  and  trans- 
portation of  gunpowder  in  the  town  of  Providence,"  passed 
by  the  general  assembly  at  its  October  session,  a.  d.  1821. 

Sec.  2.     If  it  shall  happen  by  the  pulling  down  or  blow-      of  blowing  up  of 

.  ,      ,      r  .  ,  ,.  .  ^  buildings. 

ing  up,  as  provided  tor  in  tlie  preceding  section,  of  any 
building  other  than  that  in  which  such  fire  shall  first  begin 
and  break  out,  that  the  progress  of  any  fire  shall  be  stopped, 
or  if  such  fire  be  stopped  before  it  reach  the  same,  then  in 


72 


FIRE     DEPARTMENT. 


Damages,  how 
paid. 


Repeal  of  statutes. 


such  case  the  owner  or  owners  of  such  building  or  buildings 
shall  be  reasonably  paid  therefor  by  said  city  ;  and  the  city 
council  thereof  is  hereby  empowered  to  raise  by  a  tax  upon 
all  the  ratable  inhabitants  of  said  city  such  sum  of  money 
as  may  be  agreed  on,  or  as  shall  be  adjudged  sufficient 
therefor  by  the  court  of  common  pleas  for  the  county  of 
Providence,  which  court  is  hereby  authorized  and  empow- 
ered, upon  application  to  it  on  this  behalf  made,  to  deter- 
mine and  make  order  thereon. 

Sec.  3.  The  following  acts,  viz.  :  "An  act  providing  in 
case  of  fire  breaking  out  in  the  town  of  Providence,"  "An 
act  empowering  fire  companies  in  the  town  of  Providence  to 
inflict  penalties,"  passed  November,  a.  d.  182G,  "An  act 
concerning  firemen  in  the  village  of  Olneyville,'"  passed 
October,  a.  d.  1834,  "An  act  concerning  firemen  in  the  city 
of  Providence,"  passed  January,  a.  d.  1842,  "An  act  in  re- 
lation to  the  extinguishing  of  fires  in  the  city  of  Provi- 
dence," passed  June,  a.  d.  1853,  and  all  acts  and  parts  of 
acts  incansistent  herewith  are  hereby  repealed. 


Chapter  1100 

of   May  21,  1892. 


AN  ACT  TO  CREATE  A   BOARD   OF  FIRE  COMMISSION- 
ERS IN  THE  CITY  OF  PROVIDENCE. 


Section 
1.  Control  and  management  of  fire  de- 
partment   vested     in    fire    commis- 
sioners, subject  to   control   of   citj' 
council . 


Section 

2.  City  council  to  define  their  duties  and 

fix  their  compensation  and  terms  of 
office. 

3.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  folhnn'S  : 


Fire  commissioners 
how  elected. 


Regulation    by 
ordinance. 


Section  1.  The  control  and  management  of  the  fire 
department  of  the  city  of  Providence  shall  be  vested,  sub- 
ject to  the  control  of  the  city  council  of  said  city,  in  a  board 
of  three  fire  commissioners,  who  shall  be  elected  in  joint 
convention  by  the  city  council  of  said  city. 

Sec.  2.  The  city  council  of  said  city  of  1^-ovidence 
shall,  by  ordinance,  fix  the  terms  of  office,  regulate  and  de- 
fine the  duties,  and   fix   the   compensation  of  said   commis- 


FIRE     DEPARTIMENT. 


7B 


sioneis,  and  may,  from  time  to  time,  amend,  alter,  or  repeal 
any  such  ordinance. 

Sec.  o.     All  acts  and  parts  of  acts  inconsistent  herewith      Operative  clause, 
are  hereby  repealed  ;  and  this  act  shall  take  effect  from  and 
after  its  passage. 


AN  ACT  TO  DIMINISH  THE  DANGER   OF  FIRES  IN  THE 
CITIES  OF  TflE  STATE. 


Section 
1.   Fire  commissioners  to  inspect  build- 
ings ;   and    may  cause   combustible 
materials  to  be  removed. 


Section 

2.  Dwelling    bouses    are  exempt    from 

inspection. 

3.  Operative  clause. 


Chapter  555 

of    May  C,  1808. 


//  /'s  enacted  by  tJie  General  Assembly  as  follows  : 

Section  1.     The  members  of  the  board  of  fire  commis-      Fire   commission- 

.  ers  to  cause  materials 

sioners,  and  the  chief  of  the  fire  department,  and  his  assist-   to  be  removed  that 

increase  the    danger 

ants,  and  any  other  officer  or  officers  or  member  or  members  of  fire. 
of  the  fire  department  acting  under  the  direction  of  such 
board  or  chief,  of  each  of  the  cities  of  the  state,  are  hereby 
severally  authorized  and  empowered  to  inspect  all  buildings 
and  places  in  their  respective  cities  where  waste  material  of 
a  combustible  nature  has  been  allowed  to  accumulate,  or 
where  such  board  or  members  thereof,  or  chief,  assistant,  or 
other  officer  as  aforesaid,  has  reason  to  believe  that  such 
waste  material  of  a  combustible  nature  has  accumulated  or 
is  liable  to  be  accumulated.  If  such  board  or  chief  of  the 
fire  department,  after  any  inspection  made  under  the  au- 
thority of  this  act,  sliall,  in  their  discretion,  deem  that  any 
such  accumulation  of  waste  material  of  a  combustible  na- 
ture increases  the  danger  of  fire  to  the  premises  where  such 
accumulation  has  been  permitted,  or  to  the  property  adja- 
cent thereto,  such  board  or  chief  of  the  fire  department 
shall  give  notice  in  writing  to  the  occupant  or  occupants,  or 
one  of  them,  of  the  premises  where  such  accumulation  has 
been  permitted,  to  remove  or  cause  to  be  removed  from  such 
premises  such  waste  material  of  a  combustible  nature  within 
10 


74 


FIRE    DEPARTMENT. 


Occupants  must  pay 
cost  of  removal. 


Dwelling  houses 
exempted. 


Operative  clause. 


forty-eight  hours  after  receipt  by  him  of  such  notice.  In 
case  sucli  waste  material  of  a  combustible  nature  shall  not 
be  removed  within  forty-eight  hours  after  notice  as  afore- 
said, such  board  or  chief  of  the  fire  department  may  cause 
the  same  to  be  removed  from  such  premises,  and  there- 
upon shall  cause  notice  in  writing  of  the  cost  and  expense 
of  such  removal  to  be  given  to  such  occupant  or  occupants, 
or  one  of  them,  and  also  certify  the  amount  thereof  to  the 
city  treasurer  of  the  city,  and  in  case  such  cost  and  expense 
shall  not  be  paid  to  the  city  treasurer  within  thirty  days 
after  such  notice,  such  city  may  recover  such  cost  and  ex- 
pense in  an  action  of  the  case  against*  such  occupant  or 
occupants. 

Sec.  '2.  This  act  shall  not  authorize  the  inspection  of 
any  building  used  wholly  as  a  dwelling  house. 

Sec.  3.  This  act  shall  take  effect  from  and  after  its 
passage. 


SCHOOL  DEPARTMENT. 


AN  ACT  IN  AMENDMENT  OF  AN  ACT  ENTITLED  "AN 
ACT  IN  RELATION  TO  THE  ELECTION  OF  SCHOOL 
COMMITTEE  IN  THE  CITY  OF  PROVIDENCE." 


Chapter  649 

of  Feb.  14,  1867. 


.Section 
1.   Eligibility  for  school  committee. 
•_'.  Removal  from  ward  vacates  office. 


.Section- 
■j.  Inconsistent  acts  repealed. 


//  is  enacted  by  the  General  Assembly  as  foUoios  : 

Section   1.     No  person  shall  be  eligible  as  a  member  of  Eligibility. 

the   school   committee  of  the  city  of  Providence  who  is  not   Act  of  1873,  ch.  309. 
a  resident  in  the  ward  for  which  he  may  be  elected. 

Sec.  '1.     If  any  member  of  said  committee  shall  remove   Removal  from  ward 
from   the  ward  for  which  he   was  elected,  and    shall  fail  to        "vacates  o  ce. 
send    in    his  resignation  to  said   committee   as   a   member 
thereof  within  three  months  after  such  change  of  residence, 
his  place  in  said  committee  shall   be  deemed  vacant,  and   it  Vacancy,  how  to  be 
shall   be  the  duty  of  the  members  of  said   committee  from 
the  ward  for  which  such  member  was  originally  elected,  to      See  page  76  for  Act 

J    .      £1,  ,  .        ^,  -1     1     r        •        of  1891,  Ch.  996,  Sec. 

proceed  to  nil  such  vacancy  m  the  manner  provided  for  in  2,  which  supersedes 

the   seventh   section   of  the   act  to  which  this  is  in  amend-  theactrefJi^ed  to"° 
ment. 

Sec.  :t.     All  acts  and  parts  of  acts  inconsistent  herewith  inconsistent  acts 


are  hereby  repealed. 


repealed. 


76 


SCHOOL    DEPARTMENT. 


Chapter  778 

of  March  14,  1889. 


Obsolete. 
See  Ch.  990  below. 


Members  of  school 
committee,  ex-officio. 


Operative  clause. 


AN  ACT  IN  AMENDMENT  OF  AN  ACT  ENTITLED  "AN 
ACT  IN  AMENDMENT  OF  AN  ACT  ENTITLED  'AN  ACT 
IN  RELATION  TO  THE  ELECTION  OF  SCHOOL  COM- 
MITTEE IN  THE  CITY  OF  PROVIDENCE'  PASSED  AT 
THE  JANUARY  SESSION  A.  D.  1867,  AND  OF  THE 
ACTS  IN  AMENDMENT  THEREOF  AND  IN  ADDITION 
THERETO." 


.Section 

1-4.  Obsolete. 

5.   Members  ex-officio. 


Section 
6.  Operative  clause. 


//  /s  enacted  by  the  General  Assembly  as  folltnvs  : 

[Note. —  The  first  four  sections  of  this  act  are  obsolete  by  lapse 
oi  time,  or  by  provisions  of  Chapter  996,  of  May  29,  1891.] 

Sec.  0.  The  mayor,  the  president  of  the  common  coun- 
cil, and  the  chairman  of  the  committee  on  education  of  the 
city  council  of  said  city  of  Providence  for  the  time  being, 
shall  be  ex-officio  members  of  said  school  committee,  and, 
together  with  the  members  retained,  elected  or  appointed 
under  the  provisions  of  this  act,  shall  constitute  the  school 
committee  of  the  city  of  Providence. 

Sec.  <J.  This  act  shall  take  effect  on  its  passage  ;  and  all 
acts  or  parts  of  acts  inconsistent  herewith  are  hereby  re- 
pealed. 


Chapter  996 

of  May  29,  1891. 


AN  ACT  IN  AMENDMENT  OF  AN  ACT  ENTITLED  "AN 
ACT  IN  AMENDMENT  OF  AN  ACT  ENTITLED  'AN  ACT 
IN  RELATION  TO  THE  ELECTION  OF  SCHOOL  COM- 
MITTEE IN  THE  criY  OF  PROVIDENCE,'"  PASSED  AT 
THE  JANUARY  SESSION,  A.  D,  1867,  AND  OF  THE 
ACTS  IN  AMENDMENT  THEREOF  AND  IN  ADDITION 
THERETO. 


Section 

1.  Members  of  school  committee,  when 

to  be  elected. 

2.  Vacancies,  how  filled. 


Section 

3.  Expired. 

4.  When  to  organize. 

5.  Operative  clause. 


//  is  enacted  ly  the  General  Assembly  as  folloivs  : 

Section  \.  Section  two  of  Chapter  77S  of  the  public 
laws  passed  March  14,  a.  d.  1S89,  is  hereby  amended  so  as 
to  read  as  follows  : 


scnoor,  deiwrtiniext, 


77 


"Sec.   '2.      1  he  electors  of  each  ward  quahtied  to  vote  for      Members   oi    the 

,        r/-  1      11  1  1  •     •        1        I         •  •  school      committee, 

general   ofincers   shall,  at   the  annual    municipal   election  in     when  to  be  ek-ctcd. 
each  year   in  the   citv  of   Providence,  by  a  [plurality]  of  the     [Amendment  x  to 

'  Constitution.! 

votes  cast,  elect  one  of  the  residents  of  said  ward  a  member 

of  the  school   committee,  who  shall  hold   his  ofifice  for  the   See  Act  of  iqo-.,  ch. 

"'.18  sec  0. 

term  of  three  years,  and  until  another  is   elected  and  qual- 
ified to  act  in  his  place." 

Skc.  2.  Section  three  of  said  act  is  hereby  amended  so  as 
to  read  as  follows  : 

"  Sec  'i.  Whenever  from  any  cause  a  vacancy  in  said  Vacancies,  iiuwriiied. 
school  committee  shall  happen,  the  members  thereof,  resi- 
dents of  the  ward  in  which  the  vacancy  occurs,  shall  elect  a 
resident  of  said  ward  to  fill  said  vacancy  until  the  next  an- 
nual municipal  election,  when  the  electors  of  said  ward  shall 
till  the  same  for  the  remainder  of  the  term  and  until  another 
is  elected  and  qualified  to  act  in  his  place." 

Sec.  3.     Expired. 

Skc  4.  The  school  committee  shall  meet  for  organiza- 
tion on  the  first  Tuesday  in  December  of  each  year  at  such 
hour  as  may  be  fixed  by  the  said  school  committee. 

Sec.  ;i.  All  acts  and  parts  of  acts  inconsistent  herewith 
are  hereby  repealed  ;  and  this  act  shall  take  effect  on  its 
passage. 


When  to  organize 
Actof  1892,  Ch.  1103. 

See  Act  of  1900,  Ch. 
798,  sec.  (i. 

Operative  clause. 


AN  ACT  IN  AMENDMENT  OP^  CHAPTER  05  OF  THE  QhaOtSr  420 
GENERAL  LAWS,  ENTITLED  "GENERAL  PROVISIONS  „!  October  2,  189C,. 
RELATING  TO  PUBLIC  SCHOOLS." 


Section 

1.  Repeals  General  Laws,  chapter   G5, 

sections  9  and  10. 

2.  School    committee    to    manage    and 


Section 

regulate   schools  ;    city   council    to 
buy  land   and   construct    buildings. 
•J.  Operative  clause. 


7/  is  enacted  by  the  General  Assembly  as  follo7vs  : 

Section  1.  Sections  nine  and  ten  of  Chapter  05  of  the 
General  Laws  are  hereby  repealed. 

Sec  2.  In  the  city  of  Providence  the  school  committee 
of  said  city  shall  hereafter  employ  the  superintendent  and 
teachers,  have  charge  and  custody  of  all  school  buildings  and 


Repeal. 


Powers  of  school 
committee. 


78 


SCHOOL    DEPARTMENT. 


Operative  clause. 


school  property,  manage  and  regulate  the  schools,  and  draw 
all  orders  for  the  payment  of  their  expenses  from  the  money 
appropriated  by  the  city  council  for  the  support  of  public 
schools :  provided,  howeve?;  that  the  city  council  of  said  city 
shall  have  the  expenditure  of  all  sums  appropriated  for  the 
purchase  of  land  for  school  purposes,  or  for  the  improve- 
ment of  the  same,  or  for  the  construction  or  repair  of  school 
buildings. 

Sec.  3.     This   act   shall   take   effect    from   and   after  its 
passage. 


Chanter  593  ^^  ^'^'^^  ^^  authorize  and  empower  the  school 

of  Iune-,1S08.  COMMITTEE  OF  THE  CITY  OF  PROVIDENCE  TO  CON- 

TRACT   WITH    THE    BOARD    OF   TRUSTEES    OF    THE 
RHODE  ISLAND  NORMAL  SCHOOL. 


Section 

1.  School  committee  may  contract  with 
trustees  of  normal  school  for  edu- 
cation of  children. 


Section 

2.  Expenses  to  be  paid  out   of    appro- 

priation for  public  schools 

3.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  folloivs 


Education  at  normal 
school. 


Provision  for 
expense. 


Operative  clause. 


Section  1.  The  school  committee  of  the  city  of  Provi- 
dence is  hereby  authorized  and  empowered  to  contract  from 
time  to  time  with  the  board  of  trustees  of  the  Rhode  Island 
normal  school  for  the  education  of  children  residing  in  the 
city  of  Providence,  in  schools  maintained  in  the  Rhode 
Island  normal  school  building  and  controlled  by  said  board' 
of  trustees,  upon  such  terms  and  conditions  as  may  be  mu- 
tually agreed  upon  by  said  school  committee  and  said  board 
of  trustees. 

Sec.  2.  All  expenditures  of  money  by  said  school  com- 
mittee, made  necessary  by  any  contract  made  in  pursuance 
of  the  authority  hereby  granted,  shall  be  made  out  of  the 
appropriations  made  by  the  city  council  of  the  city  of  Provi- 
dence for  the  support  of  public  schools. 

Sec.  3.  This  act  shall  take  effect  upon  its  passage ;  and 
all  acts  and  parts  of  acts  inconsistent  herewith  are  hereby 
repealed. 


SCHOOL    DEPARTMENT. 


79 


AX  ACT  IN  AMENDMENT  OF  CHAPTER  04  OF  THE 
GENERAL  LAWS,  ENTITLED  "  OF  TRUANT  CHILDREN 
AND  OF  THE  ATTENDANCE  OF  CHILDREN  IN  THE 
PUBLIC  SCHOOLS." 


Chapter  587 

of  June  15,  1898. 


Section 

1.  School   committee  to  fix   two   school 
terms  ;   compulsory  attendance. 


Section 

-.  Operative  clause. 


//  is  enacted  by  tJie  General  Assembly  as  follows  : 

Section  1.  The  school  committee  of  the  city  of  Provi- 
dence shall  divide  the  school  year  into  two  school  terms  of 
approximately  equal  length  ;  and  every  person  having  under 
his  control  a  child  between  the  ages  of  seven  and  fifteen 
years  residing  in  said  city,  shall  cause  such  child  to  regu- 
larly attend  some  public  day  school  in  said  city  for  at  least 
the  whole  of  one  of  such  terms  in  each  year,  subject  to  the 
same  penalty  and  the  same  provisos  as  are  specified  in  sec- 
tion one  of  chapter  sixty-four  of  the  General  Laws  ;  and,  in 
said  city,  attendance  as  aforesaid  shall  be  required  under 
all  the  provisions  of  chapter  sixty-four  of  the  General  Laws 
in  the  place  and  stead  of  the  attendance  for  eighty  full 
school  days  specified  in  said  section  one  of  said  chapter. 

Sec.  '1.  All  acts  and  parts  of  acts  inconsistent  herewith 
are  hereby  repealed  ;  and  this  act  shall  take  effect  from  and 
after  its  passage. 


Two  terms  in  each 
school  year. 


Compulsory 
attendance. 


Operative  clause. 


AN  ACT  TO  PROVIDE  FOR  THE  TAKING  OF  LAND  FOR    QhanlGr  1402 
'  SCHOOL  PURPOSES  IN  THE  CITY  OF  PROVIDENCE.  of  Feb.  Jt<,  us.'S. 


Section 

1.  Land  may  betaken  for  school  houses. 

2.  Manner  of  condeninatiun. 

3.  Right  of  appeal. 


Section 

4.  Right  of  appeal  on  failure  to  receive 

notice. 

5.  Repeal  of  Chapter  308  of  1873. 


//  is  enacted  by  t/ie  General  Assembly  as  follows : 

Section  1.  The  city  of  Providence,  from  time  to  time,  i.and  may  be  taken 
may  take  lands  therein,  improved  or  unimproved,  for  the  f"i- sciiooi  houses. 
location  of  school  houses,  the  enlargement  of  school  house 


80  SCHOOL    DEPARTMENT. 

lots,  and  for  school  purposes  :  provided,  that  the  amount  of 
the  same  at  any  one  taking  shall  not  exceed  one  acre. 

Manner  of  con-  Sec.   '1.     The   city   council  of  Said   city  shall,  within   six 

demnation.  months  from  the  date  of  the  passage  of  the  resolution  by 
said  city  council  to  take  any  land  for  such  purpose  or  pur- 
poses, file  in  the  office  of  the  recorder  of  deeds  of  said  city 
a  description  of  the  land,  and  also  a  plat  thereof,  and  a 
statement  that  the  same  is  taken  pursuant  to  the  provisions 
of  this  act,  which  description  and  statement  shall  be  signed 
by  the  mayor  of  said  city,  and  upon  the  filing  of  such  de- 
scription and  statement,  the  title  in  fee  simple  of  such  land 
shall  vest  in  said  city  of  Providence  ;  and  after  the  filing  of 
such  description  and  statement,  notice  of  the  taking  of  such 
land  shall  be  served  upon  the  owners  of  and  persons  having 
an  estate  in  and  interested  in  such  land  by  the  city  sergeant 
of  said  city  leaving  a  true  and  attested  copy  of  such  descrip- 
tion and  statement  with  each  of  such  persons  personally, 
or  at  their  last  and  usual  place  of  abode  in  this  state  with 
some  person  living  there,  and,  in  case  any  of  such  persons 
are  absent  from  this  state  and  have  no  last  and  usual  place 
of  abode  therein  occupied  by  any  person,  such  copy  shall 
be  left  with  the  persons,  if  any,  in  charge  of  or  having  pos- 
session of  such  land  taken  of  such  absent  persons,  and  an- 
other copy  thereof  shall  be  mailed  to  the  address  of  such 
absent  persons  if  the  same  is  known  to  said  officer;  and 
after  the  filing  of  such  description  and  statement,  the  city 
clerk  of  said  city  shall  cause  a  copy  of  such  description  and 
statement  to  be  published  in  some  newspaper  or  newspapers 
published  in  said  city  at  least  twice  a  week  for  three  suc- 
cessive weeks;  and  if  any  party  shall  agree  with  said  city 
for  the  price  of  the  land  so  taken,  the  same  shall  be  paid 
to  him  forthwith  by  said  city. 

Right  of  appeal.  Skc.   o.     Any  owncr  of  or  person   entitled   to   any  estate 

in  or  interested  in  any  part  of  the  land  so  taken,  who  can- 
not agree  with  said  city  for  the  price  of  the  land  so  taken  in 
which  he  is  interested  as  aforesaid,  may,  within  three  months 
after  personal  notice  of  said  taking,  or,  if  he  have  no  per- 
sonal notice,  may,  within  one  year  from  the  filing  of  the 
description  and  statement  referred  to   in  section  two  of  this 


SCHOOL    DEPARTMENT. 


81 


act,  apply  by  petition  to  the  common  pleas  division  of  the 
supreme  court,  in  the  county  of  Providence,  setting  forth 
the  taking  of  his  land  and  praying  for  an  assessment  of 
damages  by  a  jury.  Upon  the  filing  of  said  petition  the 
said  court  shall  cause,  twenty  days'  notice  of  the  pendency 
thereof  to  be  given  to  said  city  by  serving  the  mayor  of 
said  city  with  a  certified  copy  thereof,  and  may  proceed 
after  such  notice  to  the  trial  thereof  ;  and  such  trial  shall 
determine  all  questions  of  fact  relating  to  the  value  of  such 
land  and  the  amount  thereof,  and  judgment  shall  be  entered 
upon  the  verdict  of  such  jury  and  execution  shall  be  issued 
therefor.  In  case  of  conflicting  claims  to  such  land  by  any 
two  or  more  petitioners,  said  court  may  set  down  the  peti- 
tions of  such  petitioners  for  trial  at  the  same  time  by  the 
same  jury,  and  may  frame  all  necessary  issues  for  the  trial 
thereof. 

Sec.  4.  In  case  any  owner  of  or  person  having  an 
estate  in  or  interested  in  such  land,  shall  fail  to  receive  per- 
sonal notice  of  the  taking  of  such  land,  and  shall  fail  to  iile 
his  petition  as  provided  in  section  three  of  this  act,  said 
court  in  its  discretion  may  permit  the  filing  of  such  petition 
subsequent  to  said  period  of  one  year  from  the  filing  of  such 
description  and  statement :  provided,  such  person  shall  have 
had  no  actual  knowledge  of  the  taking  of  such  land  in 
season  to -file  such  petition;  a/id  provided  Sdad  city,  after  the 
filing  of  such  description  and  statement,  shall  not  have  paid 
any  other  persons  claiming  to  own  such  land  the  price  or 
value  of  the  same,  or  be  liable  to  pay  for  the  same  under 
any  judgment  rendered  against  said  city  under  the  provis- 
ions of  this  act. 

Sec.  5.  Chapter  308  of  the  public  laws,  entitled  ''An 
act  in  relation  to  taking  land  for  school  purposes  in  the  city 
of  Providence,"  passed  at  the  January  session,  1873,  is 
hereby  repealed  ;  and  this  act  shall  take  effect  upon  its 
passage. 
11 


Right  of  appeal  on 
failure  to  receive  no- 
tice. 


Act  of  1873,  Cli.308, 
repealed.  " 


Operative  clau.se. 


82 


SCHOOL    DEPARTMENT. 


Chapter  510 

of  May  27,  1897. 


$300,000  may  be 
hired  annually  for 
school  purposes. 


Provision  for  sink- 
ing fund  and  payment 
of  interest. 


Operative  clause. 

Chapter  485 

of  May  21,  1897. 


Teachers'  retirement 
fund. 


AN  ACT  AUTHORIZING  THE  CITY  OF  PROVIDENCE  TO 
HIRE  MONEY  FOR  THE  PURPOSE  OF  BUILDING  AND 
FURNISHING  NEW  SCHOOL  HOUSES,  AND  FOR  THE 
PURCHASE  AND  IMPROVEMENT  OF  LAND  FOR 
SCHOOL  PURPOSES. 


Section 

1.  City  may  hire  $300,000  annually  for 

school  purposes. 

2.  City  council   shall  provide    for  pay- 


Section 

ment  of  interest  and   for  a  sinking 
fund. 
3.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  foUoivs : 

Section  1.  The  city  of  Providence  is  hereby  author- 
ized and  empowered  to  hire,  from  time  to  time,  such  sums 
of  money  as  the  city  council  of  said  city  shall  deem  expedi- 
ent, not  exceeding  in  any  one  year  the  aggregate  sum  of 
three  hundred  thousand  dollars,  to  be  used  and  expended 
for  building  and  furnishing  new  school  houses,  and  for  the 
purchase  and  improvement  of  land  for  school  purposes,  and 
to  issue  its  notes  and  bonds,  or  either,  therefor,  for  such 
times,  on  such  terms,  and  in  such  amounts,  as  shall  be  fixed 
by  said  council. 

Sec.  2.  The  city  council  shall  annually  appropriate, 
until  said  bonds  and  notes  are  paid  in  full,  besides  a  sum 
to  pay  the  interest  thereon,  a  sum  to  be  placed  as  a  sinking 
fund,  sufficient  for  the  redemption  of  said  notes  and  bonds 
when  due,  and  all  premiums  arising  from  the  sale  of 
said  notes  and  bonds  shall  be  placed  to  the  credit  of  said 
sinking  fund. 

Sec.  3.     This  act  shall  take  effect  upon  its  passage. 


AN  ACT  TO  PROVIDE  FOR  THE  CREATION  AND  DIS- 
BURSEMENT OF  A  PUBLIC  SCHOOL  TEACHERS'  RE- 
TIREMENT FUND  IN  THE  CITY  OF  PROVIDENCE. 


Section 

1.  Teachers'  retirement  fund. 

2.  Administration. 

3.  Deductions  from  pay  rolls. 

4.  Beneficiaries. 


Section 

5.  Annuities   may    be   paid   to  disabled 

teachers. 

6.  Ratable  payment  of  annuities. 

7.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  follows ; 

Section  1.     The  school  committee  of  the  city  of  Provi. 
dence  shall  have  power  to  establish  what  shall  be  known  as 


SCHOOL    DEPARTMENT. 


83 


the  Public  School  Teachers'  Retirement  Fund,  which  fund 
shall  be  administered  by  the  board  of  trustees  hereinafter 
provided  for.     Said  fund  shall  consist  of : 

First.     All    moneys    received    from    donations,    legacies.       Voluntary  gifts, 
gifts,  bequests,  or  otherwise,  for  or  on  account  of  said  fund. 

Second.  On  and  after  October  first,  eighteen  hundred  Assessmenu. 
ninety-seven,  the  school  committee  shall  reserve  and  turn 
over  to  said  fund  one  per  centum  of  the  salaries  paid  to 
teachers  who  shall,  prior  to  that  date,  elect  to  come  under 
the  provisions  of  this  act ;  and  one  per  centum  of  the  sal- 
aries paid  to  all  teachers  appointed  after  said  date  :  provided., 
that  no  teacher  shall  be  assessed  for  more  than  one  per 
centum  of  twelve  hundred  dollars  per  annum. 

Third.     All  interest   or   income  derived  from  the  above     income  from  fund, 
moneys. 

Sec.  2.     The  president  or  chairman  of  the  school  com-   Administration  of  the 

^  fund. 

mittee  together  with  three  members  chosen  by  said  com- 
mittee, the  superintendent  of  schools,  the  city  treasurer  of 
the  city  of  Providence  who  shall  be  ex-ofificio  the  treasurer 
of  said  fund,  and  three  representatives  to  be  elected  annu- 
ally by  those  teachers  of  the  public  schools  who  contribute 
to  the  support  of  this  fund  in  accordance  with  section  one 
of  this  act,  shall  form  a  board  of  trustees  who  shall  have 
charge  of  and  administer  said  fund,  and  said  board  of  trus- 
tees shall  have  power  to  invest  and  re-invest  the  same  as 
shall  be  deemed  by  them  most  beneficial  to  said  fund,  and 
shall  make  payment  from  said  fund  of  annuities  granted  in 
pursuance  of  this  act ;  and  shall  from  time  to  time  make 
and  establish  such  rules  and  regulations  for  the  administra- 
tion of  said  fund  as  they  shall  deem  best. 

Sec.  3.     Whenever  a  teachers'  pay  roll  shall  be  certified      Deductions    from 

teachers'  pay  roll  for 

to  the  city  auditor  for  payment,  it  shall  contain  a  statement  said  fund. 
of  the  amount  to  be  deducted  from  the  salary  of  each 
teacher  who  contributes  to  the  support  of  said  fund  in 
accordance  with  the  provisions  of  this  act,  which  amounts 
shall  be  added  by  said  city  treasurer  to  said  retirernent 
fund,  and  all  amounts  received  by  said  treasurer  for  said 
fund,  in  accordance  with  the  provisions  of  this  act,  shall  be 
subject  to  the  order  of  said  board  of  trustees  signed  by  the 
president  and  secretary  of  said  board. 


84 


SCHOOL    DEPARTMENT. 


Beneficiaries. 


Annuities  may  be 
paid  to  teachers  in- 
capacitated. 


Ratable   payment  of 
annuities. 


Operative  clause. 


Sec.  4.  Every  teacher  who  has  annually  contributed  to 
said  fund  in  accordance  with  the  provisions  of  this  act  for 
at  least  five  years,  and  shall  have  taught  in  public  schools, 
if  a  man,  not  less  than  thirty-five  years,  or  if  a  woman,  not 
less  than  thirty  years,  twenty  years  of  which  service  in  both 
cases  shall  have  been  in  the  public  schools  of  said  city  next 
preceding  the  time  of  retirement,  may  be  retired,  and  shall 
have  the  right  voluntarily  to  retire,  from  such  service  and  be- 
come a  beneficiary  under  this  act ;  and  every  such  teacher 
so  retired  or  retiring  shall  be  entitled  to  an  annuity  for  the 
remainder  of  his  or  her  life,  to  be  paid  by  said  board  of 
trustees  out  of  said  fund,  equal  to  one-half  of  the  salary  of 
such  teacher  at  the  time  of  such  retirement,  at  the  same 
times  and  in  the  same  proportions  as  the  salaries  of  teach- 
ers are  paid  :  provided,  that  the  annuity  so  paid  shall  in  no 
case  exceed  six  hundred  dollars  in  any  one  year. 

Sec.  5.  Every  teacher  in  the  public  schools  of  said  city, 
who  shall  have  taught  continuously  therein  not  less  than  ten 
years,  and  for  not  less  than  five  years  annually  contributed 
to  said  fund  in  the  manner  provided  in  this  act,  and  has 
become,  without  the  fault  of  such  teacher,  mentally  or  physi- 
cally incapacitated  for  such  service,  may  retire  or  be  retired 
therefrom  and  become  a  beneficiary  of  said  fund  in  the  same 
manner  and  to  the  same  extent  as  provided  in  section  four 
of  this  act :  pro%!ided,  that  such  annuity  shall  cease  when 
such  incapacity  ceases. 

Sec.  6.  In  case  the  fund  should  be  insufficient  to  pay 
the  annuities  provided  for  in  section  four  of  this  act,  the 
board  of  trustees  shall  make  a  ratable  distribution  among 
the  teachers  who  may  be  entitled  to  annuities  under  the 
provisions  of  this  act. 

Sec.  7.  This  act  shall  take  effect  from  and  after  its  pas- 
sage. 


85 


BUILDINGS. 


AN  ACT  CON'CERNING  THE   ERECTION  OF    BUILDINGS    ^Qf    gf    1843 

IN   THE    CITY   OF   PROVIDENCE.  November. 


Section 

1  to  6.     Superseded  by  Chapter  088  of 
April  12,  1878. 

7.  Board  of   aldermen   may   license   or 

revoke  use  of  steam  boilers. 

8.  Fine  for  unlawful  buildings  or  opera- 

tion of  steam  boiler. 

9.  .Annual   tax   in   addition   to   fine   on 

building  erected    in  violation  of  this 
act. 


Section 

10.  General  penalties  under  this  act. 

11.  Corporations  are  liable,  although  ex- 

empt from  taxation. 

12.  Assessments  and  fines,  how  to  enure. 

13.  Duty  to  inform  of  violations. 

14.  City  council  may  extend  the  area  of 

operation  of  this  act. 

15.  Prior   building   laws   repealed,   with 

saving  of  penalties. 


Hoard  of  aldermen 
may  license  or  revoke 
operation  of  steam 
boilers. 

Act  of  1877,  Ch.  617. 


It  is  enacted  by  the  Ge/ieral  Assembly  as  folloios  : 

[Note.  —  The  first  six  sections  of  this  act  were  superseded  by 
Chapter  688  of  April  12,  1878.] 

Section  7.  No  steam  boiler  shall  hereafter  be  erected 
and  put  in  operation  in  said  city  unless  by  permission  of  the 
board  of  aldermen  of  said  city  ;  and  no  steam  boiler  shall 
be  operated  in  said  city  without  such  permission  ;  and  any 
authority  or  permission  heretofore  given,  or  which  may 
hereafter  be  given,  to  any  person  to  operate  any  steam 
boiler  in  said  city  may  be  revoked  by  said  board  of  alder- 
men for  non-compliance  with  any  requirement  said  board  of 
aldermen  may  make  for  the  protection  or  safety  of  life, 
health  and  property  ;  and  thereupon  such  person  shall  cease 
to  operate  the  same. 

Sec.  8.     Every  person  who  shall   erect,  construct  or  add      ^]"]^  fo""  ""lawfi'i 

buildings,   or    opera- 
te,   or    cause    to    be    erected,  constructed   or  added  to,  any  »'»"  of  steam  boiler. 

building,  or  who   shall   put   or   continue   in   operation   any   Act  of  1875,  ch.  tjU. 

steam   boiler  in  said  city,  contrary  to    the   true    intent   and 

meaning  and  against  the  provisions  or  any  of  the  provisions 


86 


BUILDINGS. 


Annual  tax  to  be 
imposed,  in  addition 
to  tine,  on  building 
erected  in  violation 
of  this  act. 


Duty  of  board  of 
aldermen. 


Duty  of  assessors. 


Assessments,  how 
recovered. 


Copy  of  record  of 
conviction  to  be  filed 
with  city  clerk. 


of  this  act,  shall  forfeit  and  pay  a  fine  of  not  less  than  one 
hundred  dollars  nor  more  than  five  hundred  dollars,  accord- 
ing to  the  nature  and  aggravation  of  the  offence;  to  be  re- 
covered by  indictment  before,  or  information  in,  the  supreme 
court,  or  the  court  of  common  pleas,  in  and  for  the  county 
of  Providence,  which  it  shall  be  the  duty  of  the  attorney- 
general  to  file  in  all  cases  which  may  come  to  his  knowledge  ; 
and  every  day  that  such  violation  of  the  restrictions,  regu- 
lations and  conditions  made,  provided  or  imposed  by  said 
board  of  aldermen  shall  continue,  shall  be  a  separate 
offence  and  be  punishable  as  such. 

Sec.  9.  In  addition  to  the  fines  above  mentioned,  there 
shall  be  laid  and  assessed  upon  every  house  and  other 
building  which  shall  be  erected,  constructed  or  added  to 
contrary  to  the  provisions  or  any  of  the  provisions  of  this 
act,  the  sum  of  fifty  dollars  annually  and  every  year  until 
brick  or  stone  walls  shall  be  erected  as  above  provided,  and 
until  the  same  shall  be  effectually  secured  against  fire,  ac- 
cording to  the  provisions  of  this  act ;  and  it  shall  be  the 
duty  of  the  board  of  aldermen  aforesaid  to  return  to  the 
assessors  of  said  city  annually  a  list  of  all  such  houses  and 
other  buildings  as  are  erected,  constructed  or  added  to, 
against  the  provisions  or  any  of  the  provisions  of  this  act, 
together  with  attested  copies  of  the  record  of  the  conviction 
of  the  person  or  persons  who  erected,  constructed  or  added 
to  the  same,  before  the  supreme  court ;  and  thereupon  it 
shall  be  the  duty  of  the  said  assessors  to  assess  upon  the 
owner  or  owners  of  such  building  or  buildings,  for  the  time 
being,  the  said  sum  of  fifty  dollars  annually  in  addition  to 
his,  her  or  their  taxes ;  which  shall  be  recovered  and  col- 
lected in  the  same  way  and  manner  as  other  taxes  are  or 
may  be  recovered  and  collected ;  and  the  same  remedy  is 
hereby  given  to  the  collector  or  collectors  of  taxes  for  the 
recovery  thereof;  provided,  nevertheless,  that  no  such  build- 
ing or  buildings,  or  the  owner  or  owners  thereof,  shall  be 
subjected  to  such  annual  tax  until  an  attested  copy  of  the 
record  of  said  conviction  shall  have  been  duly  recorded  in 
the  office  of  the  city  clerk  of  said  city,  whose  duty  it  shall 
be  to  receive  and  record  the  same. 


BUILDINGS. 


87 


Sec.  10.  Every  person  who  shall  operate  any  steam 
boiler,  or  use  or  occupy  any  building  of  a  description  set 
forth  in  this  act,  otherwise  than  in  conformity  with  the  same, 
shall  forfeit  and  pay  for  each  offence  a  sum  not  less  than 
fifty  dollars  nor  more  than  five  hundred  dollars,  together 
with  all  costs  of  prosecution,  to  be  recovered  in  an  action  of 
debt  in  the  name  of  the  treasurer  of  said  city  before  any 
court  of  competent  jurisdiction.  And  any  person  who  shall 
offend  against  this  act,  or  any  part  thereof,  by  operating  any 
steam  boiler,  or  using  or  occupying  contrary  thereto  any 
building  hereby  authorized  to  be  erected,  or  herein  de- 
scribed, and  shall  persist  in  such  unlawful  operation,  use  or 
occupation,  after  he  or  she  shall  have  been  required  by  the 
mayor,  or  by  the  board  of  aldermen  aforesaid,  in  writing,  to 
discontinue  the  same,  shall,  for  every  thirty  days  during 
which  he  or  she  shall  so  persist,  be  deemed  guilty  of  a  new 
and  separate  ofifence  and  shall  be  fined  accordingly. 

Sec.  11.  All  corporations  and  the  property  of  all  corpor- 
ations which  are  otherwise  exempt  from  ta.xation,  shall  be 
subject  and  liable  to  the  provisions  of  this  act,  and  to  the 
penalties  and  assessments  therein  provided  in  case  of  viola- 
tion thereof ;  and  written  notice  to  the  treasurer,  or  other 
officer  usually  receiving  and  paying  out  funds  of  such  cor- 
poration, shall  be  sufficient  fully  to  bind  such  corporation 
and  its  property. 

Sec.  12.  All  assessments  and  one  half  of  all  fines  and 
penalties  which  shall  be  recovered  under  and  by  virtue  of 
this  act,  shall  accrue  and  enure  to  the  use  of  said  city,  and 
be  paid  to  the  treasurer  thereof  ;  and  the  other  half  of  said 
fine  and  penalties  shall  be  paid  into  the  general  treasury. 

Sec.  13.  It  shall  be  the  duty  of  the  mayor  and  of  each 
and  every  alderman  in  said  city,  and  they  and  each  of  them 
are  hereby  required,  to  inquire  after  and  give  or  cause  to  be 
given  information  to  the  attorney-general  of  all  ofi^ences 
which  may  be  committed  against  the  true  intent  and  mean- 
ing of  this  act. 

Sec.  14.  The  city  council  of  said  city  are  hereby  au- 
thorized and  empowered  to  extend  the  operation  of  this  act 
or  any  of  the  provisions  thereof,  from  time  to  time,  to  such 


General   penalties 
under  this  act. 


Corporations  are 
liable,  although  ex- 
empt from  taxation. 


Assessments    and 
fines,  how  to  enure. 


Duty  to  inform  of 
violations. 


City  council  may 
extend  limits. 


BUILDINGS. 


Prior  building-laws 
repealed,  with  saving 
of  penalties. 


Chapter  688 

of  April  12,  1878. 


United  State.s  and 
State  buildings  are 
exempted. 


Other  streets,  places  and  districts  within  said  city  as  they 
shall  deem  expedient ;  and  said  act  shall  have  full  force  and 
effect   therein. 

Sec.  15.  All  laws  relating  to  the  erection  of  wooden 
buildings  in  any  part  of  the  town  or  city  of  Providence  are 
hereby  repealed  ;  but  all  violations  prior  to  the  passage  of 
this  act,  of  such  laws  or  of  any  part  therof,  and  all  assess- 
ments, fines  or  penalties  incurred  before  the  passage  of  this 
act,  may  be  prosecuted  for,  recovered  and  collected  as  if 
this  act  had  not  been  passed. 


AN  ACT  IN  RELATION  TO  BUILDINGS  IN  THE  CITY  OF 
PROVIDENCE  AND  FOR  OTHER  PURPOSES. 


Section 

1.  Buildings  exempted  from  the  opera- 

tion of  this  act. 

2.  Division  of  the  city  into  districts. 

3.  First  building  district,  limits  of. 

4.  Second  building  district,  limits  of. 

5.  Terms  used  in  tliis  act,  how  to    be 

construed. 

6.  Election  and  duties  of  the  inspector 

of  buildings  ;  assistant  inspectors. 
T.  What   alterations  and  additions   are 
subject  to  this  act. 

8.  Permits  required  for  building. 

9.  Excavations  to  be  properly  guarded. 

10.  Regulations   of    the  construction    of 

buildings,  etc.,  adjoining  streets  arid 
highways. 

11.  Construction   of    buildmgs    and    the 

several  parts  thereof. 

12.  Piles    for     foundation,    how    to     be 

driven.      Cellar   bottoms   of   dwell- 
ing or  hotel,  how  to  be  prepared. 

13.  Foundation  walls. 

14.  Walls  and  foundations  of  brick  and 

stone  dwelling  houses. 

15.  Of     buildings    other    than    dwelling 

houses. 
1().  Ojiiitied  in    original  by   iitathert- 
ence  in  7iumbering  the  sections. 

17.  Isolated  brick  piers,  how  to  be  built. 

18.  Floor-beams,  partitions,   roof-beams, 

etc. 


Section 

19.  Strength  of  roofs  and  floors. 

20.  Restrictions    governing    projections 

over  any  public  way  or  square. 

21.  Chimneys,    flues,    and    heating    ap- 

paratus. 

22.  Boiler    houses,     boiler    rooms,    and 

drying  rooms, 

23.  Thickness   of  external  walls  of   cer- 

tain brick  buildings. 

24.  Stand-pipes,  hose-coupling,  and  hose, 

required  in  what  buildings. 

25.  Hoistways  and  elevators. 

26.  Stairways    and    doorways    in     facto- 

ries. 

27.  Buildings  for  public  assemblies,  and 

theaters,  how  to  be  equipped. 

28.  Tenement  and   lodging   houses,  how 

to  be  constructed  and  conducted. 

29.  Coal   holes,   and   vaults   under  side- 

walks. 

30.  Stables. 

31.  Repealed. 

32.  Removal  of  buildings. 

33.  Unsafe  buildings. 

34.  Wooden  buildings  in  first  district. 

35.  Wooden  buildings  in  second  district. 

36.  Fire  stops. 

37.  Notices,  how  to  be  served. 

38.  Inconsistent  acts  repealed. 


It  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.  Buildings  and  structures  belonging  to  the 
United  States,  or  to  this  state,  are  exempted  from  the  opera- 
tions of  this  act. 


BUILDINGS. 


89 


Sec.  'i.     The  city  of  Providence  for  the  purposes  of  this     Building  districts. 
act  is  divided   into   two  building  districts  the  first,  or  close   Act  of  1894,  ch.  1339, 

Sec.  1. 

district,  and  the  second  or  outer  district. 

Sec.  8.  The  first  building  district  shall  be  all  that  part  First  district, 
of.  said  city  lying  within  the  following  lines,  viz. :  beginning 
at  the  harbor  line  on  the  westerly  side  of  the  river  one 
hundred  feet  south  of  Point  street  and  extending  westward, 
holding  the  distance  of  one  hundred  feet  south  of  Point 
street,  to  a  point  one  hundred  feet  west  of  Chestnut  street ; 
then  extending  northerly,  holding  the  distance  of  one 
hundred  feet  west  of  Chestnut  street,  to  a  point  one  hun- 
dred feet  south  of  Broad  street ;  then  extending  westerly, 
holding  the  distance  of  one  hundred  feet  south  of  Broad 
street,  to  a  point  in  range  of  a  line  drawn  one  hundred  feet 
west  of  Fenner  street ;  then  northerly,  holding  the  distance 
of  one  hundred  feet  west  of  Fenner  street,  to  High  street ; 
then  crossing  High  street  to  a  point  on  its  northerly  side 
one  hundred  feet  west  of  Jackson  street  ;  then  extending 
northerly,  holding  the  distance  of  one  hundred  feet  west  of 
Jackson  street,  to  a  point  one  hundred  feet  north  of  Wash- 
ington street ;  then  extending  easterly,  holding  the  distance 
of  one  hundred  feet  north  of  Washington  street,  to  a  point 
one  hundred  feet  west  of  Aborn  street  ;  then  holding  the 
distance  of  one  hundred  feet  west  of  Aborn  street,  then 
extending  northerly  to  a  point  one  hundred  feet  north  of 
Sabin  street ;  then  northerly  in  a  direct  line  to  the  easterly 
corner  of  Park  and  Promenade  streets,  and  extending  on 
said  Park  street  one  hundred  feet ;  then  extending  easterly, 
one  hundred  feet  from  Promenade  street,  to  a  point  one 
hundred  feet  west  of  Gaspee  street;  then  extending  easterly 
and  northerly,  holding  the  distance  of  one  hundred  feet 
north  and  west  of  Gaspee  street,  to  a  point  one  hundred 
feet  north  of  the  north  line  of  Smith  street ;  then  extending 
easterly,  holding  the  distance  of  one  hundred  feet  north  of 
Smith  street,  to  a  point  one  hundred  feet  east  of  North 
Main  street ;  then  extending  southerly,  holding  the  distance 
of  one  hundred  feet  east  of  North  and  South  Main  streets, 
until  the  harbor  line  is  reached  at  the  foot  of  South  Main 
street. 

12 


90 


BUILDINGS. 


Second  district. 


Ac  of  1894,  Ch.  1339, 
Sec.  2. 


Definitions. 


External  wall. 


"  Party  wall. 


"Foundation    wall. 


"  Partition  wall. 


"  Tenement  house. 


Sec.  4.  The  second  district  shall  comprise  all  that  por- 
tion of  the  city  not  included  in  the  first  or  close  district. 

Any  building  erected  or  hereafter  erected  situated  upon 
the  line  dividing  the  two  districts,  shall  be  included  in  the 
close  district. 

The  city  may  from  time  to  time,  by  ordinance,  change  the 
lines  of  the  close  limits  in  said  city,  and  if  said  city  shall 
have  squares  blocked  for  fire  protection,  the  same  shall  be 
considered  to  mean  close  limits  under  this  act,  and  within 
those  limits  every  building  hereafter  erected  shall  have  its 
external,  party,  and  partition  walls  built  of  brick,  stone, 
iron  or  other  substantial  and  incombustible  materials,  and 
only  the  following  wooden  buildings  shall  be  allowed,  viz.  : 
sheds  or  buildings  not  over  fifteen  feet  high  nor  more  than 
ten  hundred  feet  in  area,  to  be  used  for  market  or  storage 
purposes ;  and  elevators  of  any  height  for  the  storage  of 
coal  or  grain ;  all  external  parts  of  which  sheds,  buildings 
or  elevators  shall  be  covered  with  incombustible  materials. 
Temporary  sheds  not  over  fifteen  feet  high,  for  the  use  of 
builders  while  at  work  upon  building  sites  may  be  erected. 

Sec.  5.  In  the  construction  of  this  act,  if  not  inconsist- 
ent with  the  context,  the  following  terms  shall  have  the 
respective  meanings  herein  assigned  to  them,  viz.  : 

"  External  wall  "  shall  apply  to  every  outer  wall  or  verti- 
cal enclosure  of  a  building,  other  than  a  party  wall. 

"  Party  wall"  shall  apply  to  every  wall  used,  or  built,  in- 
tended as  a  separation  of  any  building  from  any  other 
building  to  be  occupied  by  different  persons. 

"  Foundation  wall "  shall  mean  that  portion  of  external 
walls  below  the  level  of  the  street  curb  ;  and  for  walls  not 
on  any  street,  that  portion  of  the  wall  below  the  level  of  the 
ground  outside  of  the  wall. 

"  Partition  wall  "  shall  mean  any  interior  wall  of  masonry 
in  a  building, 

A  "  tenement  house  "  shall  mean  and  include  every  house, 
building,  or  portion  thereof,  which  is  intended  to  be  occu- 
pied, or  is  occupied,  as  the  residence  of  more  than  three 
families  living  independently  of  one  another  and  doing 
their  cooking    upon    the   premises  ;  or   by  more  than   two 


BUILDINGS.  .  91 

families  upon  a  floor,  so  living  and  cooking,  but  having  a 
common  right  in  the  halls,  stairways,  yards,  water-closets  or 
privies,  or  some  of  them. 

A  "  lodging  house"  shall  mean  and  include  any  house  or     "  Lodging  house." 
building  or  portion  thereof,  in  which  persons  are  lodged  for 
hire  for  a  single  night   or  for   less  than  a  week  at  one  time. 

A  "cellar"  shall  mean  every  basement  or  lower  story  of  "Cellar." 

any  building  or  house,  of  which  one  half  or  more  of  the 
height  from  the  floor  to  the  ceiling  is  below  the  level  of  the 
ground  adjoining. 

Sec.  6.     The  city  council    in    convention   may  elect  an      inspector  of  buiid- 

.,.,,.  .        ,  .  r-r-.         •!  I  111     ings,     election      and 

inspector  of  buildings  in  the  city  of  Providence,  who  shall  duties, 
hold  his  office  for  such  term  as  said  city  council,  by  ordin-  Act  of  1896,  ch.  367, 
ance  or  otherwise,  may  determine.  Said  inspector,  so 
elected,  is  charged  with  the  duty  of  executing  the  provis- 
ions of  this  act,  and  shall  keep  a  record  of  his  doings,  re- 
port all  violations  of  this  act  to  the  city  solicitor  for 
prosecution,  and  shall  annually,  and  as  much  oftener  as  he 
may  be  required  by  the  city  council,  make  return  to  said 
city  council  of  his  doings  hereunder. 

He  shall  examine  all  buildings  in  the  course  of  erection,    Buildings  in  course 
alteration  or  repair,  as  often  as  practicable,  and  shall  make 
a    record   of  all   violations   of    this   act,   together   with  the         '     '-^^^  °"-^- 
street  and   number   where   such   violations   are   found,  the 
name  of  the  owner,  lessee,  occupants,  architects  and  master- 
mechanics,  and  all  other  matters  relating  thereto. 

He   shall   examine   all  buildings   reported  dangerous,  or      Buildings  reported 

,  t     1         r  -i.ii  iri       dangerous,   or    dam- 

damaged  by  fire  or  accident,  and  make  a  record  of  such  aged  by  fire,  or  to  be 
examinations,  including  the  nature  and  amount  of  such 
damage,  with  the  name  of  the  street  and  number  of  the 
building,  the  name  of  the  owner  and  lessee,  and  for  what 
purpose  occupied,  and,  in  case  of  fire,  the  probable  origin 
thereof,  and  shall  also  examine  all  buildings  under  applica- 
tion to  raise,  enlarge,  alter  or  build  upon,  and  make  a  record 
of  the  condition  of  the  same. 

Said  inspector  of  buildings,  as  soon  as  may   be  after  the   Assistant  inspectors, 
passage  of  [Chapter  367  of  May  14,   1896,]  and  thereafter     ch.  367,  as  above, 
annually  in  the  month  of  January,  may  appoint,  subject  to  the 
approval  of  the  board  of  aldermen  of  said  city,  one  or  more 


92 


BUILDINGS. 


Removal. 


Duties. 


Salaries. 


assistant  inspectors  of  buildings,  as  said  city  council  shall  from 
time  to  time  by  ordinance  determine.  Such  assistant  inspec- 
tors shall  hold  their  respective  ofifices  during  the  current  muni- 
cipal year,  and  until  their  successors  are  appointed  and  duly 
qualified  :  provided,  that  said  inspector  of  buildings  at  his 
pleasure  may  remove  any  such  assistant  inspector  from  office 
at  any  time,  subject  to  the  approval  of  said  board  of  alder- 
men, and  a  vacancy  from  any  cause  may  be  filled  at  any  time 
for  the  unexpired  term  in  the  same  manner  as  the  original 
appointment.  Such  assistant  inspector  or  inspectors  shall 
perform  such  duties  relating  to  the  execution  of  the  provis- 
ions of  this  act,  as  said  inspector  of  buildings  shall  from 
time  to  time  direct ;  and  in  case  of  the  absence  or  disability 
from  any  cause  of  said  inspector  of  buildings,  any  assistant 
inspector,  designated  by  said  inspector,  shall  exercise  all  the 
powers  and  be  subject  to  all  the  duties  of  said  inspector. 
Said  inspector  of  buildings  and  said  assistant  inspectors 
shall  receive  such  salaries  respectively  for  their  services, 
and  such  compensation  and  indemnity  for  moneys  paid  out 
or  expenses  incurred  in  the  discharge  of  their  duties,  under 
the  provisions  of  this  act,  as  said  city  council  may  by  ordi- 
nance or  otherwise  prescribe. 

Sec.  7.  Any  alteration  in  or  addition  to  any  building 
already  erected,  or  hereafter  to  be  built,  except  necessary 
repairs  not  affecting  the  construction  of  the  external  or 
party  walls,  chimneys  or  stairways,  shall  to  the  extent  of 
such  work  be  subject  to  the  regulations  of  this  act. 

No  building  already  erected,  or  hereafter  built,  shall  be 
raised  or  built  upon  in  such  manner  that  were  such  build- 
ing wholly  built  or  constructed  after  the  passage  of  this  act, 
it  would  be  in  violation  of  any  provision  hereof. 

Sec.  8.  No  work,  except  necessary  repairs,  shall  be  done 
Act  of  1894,  ch.  1339,  upon  any  structure  or  building  in  said  city  without  a  permit 
from  the  inspector  of  buildings,  nor   except  in   conformity 

See  Ch.  1406,  Sec.  3,         .   ,       ,  .    .  ,      ,.  ,  ...  , 

page  120.  With  the  provisions  of  this  act;  and  upon  application,  such 

inspector  shall  issue  such  permit  in  accordance  herewith. 
Any  one  commencing  or  having  work  performed  before  ob- 
taining said  permit  shall,  after  a  written  notice,  forfeit  and 
pay  a  penalty  of  five  dollars  per  day  for  each  day  such  vio- 
lation continues. 


What  alterations  are 
subject  to  this  act. 


Same  subject. 


Permits  to  build. 


BUILDINGS.  93 

All  permits  granted  for  building  operations  that  are   not     Conditions  of  per- 
commenced  within  a  period  of  six  months  from  the  time  of 

,      ,,  .  ,  1-      -i.    X-  'T'L  •  1     •  ^  Ch.  1339,  as  above. 

issuance,  shall  expire  by  limitation.  1  he  said  inspector 
shall  not  grant  any  permit  for  the  commencement  of  any  ^^^  ^pigfiso^^'^"  ^' 
building  operations  until  the  owner  or  owners,  or  the  duly 
authorized  agent  or  architect  of  the  same,  shall  have  filled 
out  and  signed  a  blank  application  giving  full  particulars  of 
where  and  of  what  such  building  operations  are  to  be  ;  every 
such  application  which  shall  be  thought  of  sufficient  im- 
portance by  the  inspector  of  buildings,  shall  be  accompanied 
by  a  copy  of  the  plans  or  specifications,  or  both,  as  may  be 
required. 

Sec.   9.     Any  excavation    upon   a  lot  adjoining   a  street     Excavarions  to  be 
shall  be  properly  guarded  and  protected  by  the  person  hav-  guarded. 

ing  charge  of  such  excavation  so  as  not  to  become  danger- 
ous to  public  travel.  Whenever  any  excavation  shall  be  Protection  of  party 
commenced  upon  a  lot  of  land,  and  there  shall  be  a  party  or  or  other  walls. 
other  wall  standing  upon  or  near  the  boundary  line  of  said 
lot,  if  the  person  whose  duty  it  shall  be  to  preserve  and 
protect  said  wall  from  injury  shall  neglect  or  fail  so  to  do, 
for  twenty-four  hours  after  notice  in  writing  from  the  inspec- 
tor of  buildings,  left  at  the  usual  residence  or  place  of  busi- 
ness of  such  person,  said  inspector  may  enter  upon  the 
premises  and  employ  such  labor,  obtain  such  materials,  and 
take  such  other  steps,  as  may  be  necessary  to  make  the  same 
safe,  and  to  prevent  the  same  from  becoming  unsafe,  at  the 
expense  of  the  person  owning  said  wall  or  building ;  and 
such  inspector  may  recover  of  such  person  all  money  so  Recovery  of  expense. 
expended  as  if  he  had  been  employed  by  such  person  to 
expend  the  same. 

Sec.  10.  Whenever  any  person  shall  be  about  to  erect  Fence  and  piank 
or  alter  the  exterior  wa;lls  of  a  building,  within  five  feet  of  ^^aik  on  street. 
the  line  of  a  travelled  street,  said  person  shall  cause  the 
portion  of  the  site  of  said  building  bordering  upon  said  street 
to  be  enclosed  by  a  proper  fence  not  less  than  four  feet 
high,  and  at  least  seven  feet  from  the  line  of  such  building; 
and  if  such  fence  shall  prevent  passage  on  the  sidewalk, 
shall  lay  and  maintain  a  plank  walk  around  the  same  not  less 
than  thirty  inches  wide;  and   said   fence  shall  be   made  as 


9-t 


BUILDINGS. 


Staging  in  street. 


Building   material  in 
street. 


Rubbish. 


Penalty  for  this 
section. 


Construction  of 
buildings. 


Foundations. 


Walls. 


Thickness  of  walls. 


Height  of  walls. 


much  higher,  and  the  walk  as  much  wider,  as  the  inspector 
of  buildings  shall  direct,  and  the  same  shall  be  maintained 
until  all  liability  to  accident  from  falling  materials  shall  be 
terminated. 

No  person  shall  erect,  or  continue  when  erected,  any 
staging  in  any  highway  for  the  purpose  of  repairing  or 
erecting  a  building,  without  first  obtaining  permission  from 
the  inspector  of  buildings,  and  all  such  staging  shall  be  so 
erected  and  secured  as  to  be  safe  and  sufficient  for  the  pur- 
pose for  which  it  was  erected. 

In  erecting  any  building,  no  person  shall  place,  deposit  or 
suffer  to  remain,  m  any  street  or  highway,  any  lumber  or  other 
building  material,  rubbish  or  remains  of  any  old  building, 
for  a  longer  period  than  may  be  necessary  for  the  prosecu- 
tion of  the  work  which  may  be  going  on  ;  and  in  case  such 
material,  rubbish  or  remains  of  an  old  building  shall  nec- 
essarily remain  after  dark,  a  sufficient  light  shall  be  placed 
over  or  near  the  same,  and  kept  from  sunset  to  sunrise. 

All  rubbish  from  the  erecting  or  repairing  of  any  build- 
ing, or  the  removal  of  an  old  building,  shall  be  carried 
away  by  the  person  so  erecting  or  repairing  such  building 
at  such  time  as  any  highway  commissioner  may  direct ;  and 
in  case  of  neglect  or  refusal  so  to  do,  it  shall  be  removed  by 
a  highway  commissioner  at  the  expense  of  the  person  so 
erecting  or  repairing  such  building.  Any  person  violating 
any  provision  of  this  section  shall  pay  a  fine  of  five  dollars. 

Sec.  11.  Every  permanent  building  shall  have  founda- 
tions not  less  than  four  feet  below  the  surface  exposed  to 
frost,  resting  upon  the  solid  ground  or  upon  concrete,  piles 
or  other  solid  sub-structure. 

Every  wall,  other  than  foundation  walls,  constructed  of 
brick,  stone  or  other  similar  substance,  shall  be  properly 
bonded  and  solidly  built  with  mortar  or  cement. 

The  thickness  of  every  wall,  as  hereinafter  prescribed? 
shall  be  the  minimum  thickness  as  applied  to  solid  walls. 

The  height  of  every  external  or  party  wall,  as  referred  to 
in  this  act,  or  in  any  act  in  amendment  thereof,  shall  be 
measured  from  the  level  of  the  finished  grade  to  its  highest 
point ;  on  sloping  ground,  such  height  shall  be  measured  at 
intervals  of  ten  feef. 


BUILDINGS. 


95 


Sec.  1'2.  Whenever  piles  are  required  to  be  driven  for  a 
foundation  they  shall  be  of  suitable  stock,  driven  to  a  firm 
and  solid  bearing,  and  the  tops  shall  be  cut  off  on  a  level 
to  insure  constant  immersion.  There  shall  not  be  less  than 
two  rows  under  all  external  and  party  walls,  and  they  shall 
be  spaced  not  over  three  feet  on  centres  in  the  direction  of 
the  length  of  the  wall. 

F^very  building  to  be  used  for  a  dwelling  or  a  hotel,  built 
upon  filled  or  made  land,  shall  have  a  bed  of  concrete  made 
of  hydraulic  cement  and  gravel,  or  tar  and  gravel,  spread 
over  the  cellar  bottom,  or  shall  be  paved  with  brick  laid  in 
cement,  or  asphalt,  throughout  the  whole  extent  of  the 
building;  and  where  there  is  a  basement  floor  over  the  cel- 
lar bottom,  with  an  air-space  between  the  concrete  and  said 
floor,  the  air-space  shall  be  properly  ventilated. 

Sec.  13.  Foundation  walls  shall  rest  on  a  proper  base 
or  footing  course  ;  if  of  stone,  each  stone  shall  have  the 
upper  and  under  surfaces  approximately  parallel,  and  shall 
be  close-fitted  and  bedded  solid.  Timber  shall  be  used 
only  where  it  will  be  constantly  immersed  in  water.  The 
breadth  of  every  base  course  shall  be  in  proportion  to  the 
load  to  be  carried  and  to  the  softness  of  the  soil   beneath  it. 

Foundation  walls  for  wooden  buildings  shall  be  of  brick, 
at  least  twelve  inches  thick,  or  rubble  or  block  stone  at 
least  sixteen  inches  thick,  laid  in  cement  mortar,  or  dry 
rubble  stone  at  least  eighteen  inches  thick. 

Sec.  14.  For  dwelling-houses  with  walls  not  exceeding 
thirty-five  feet  in  height,  foundation  walls,  laid  with  block 
or  ledge  stone  in  cement  mortar,  or  in  brick  laid  in  cement, 
shall  be  not  less  than  sixteen  inches  thick,  and  external  and 
party  walls  of  brick  shall  be  not  less  than  twelve  inches 
thick  for  the  entire  height. 

For  dwelling-houses  with  walls  exceeding  thirty-five  and 
not  exceeding  fifty-five  feet  in  height,  foundation  walls  laid 
with  block  or  ledge  stone  in  cement  mortar  shall  not  be  less 
than  eighteen  inches  thick ;  if  of  brick,  not  less  than  six- 
teen inches  thick  and  laid  in  cement.  External  brick  walls 
shall  be  not  less  than  sixteen  inches  thick  to  the  second 
fioor,  and   twelve  inches   above,  and   brick  party  walls  not 


Foundation  piles. 


Cellar  bottoms 


Foundation  walls. 


Foundation  wall  of 
wooden  building. 


Walls  of  dwelling- 
houses  less  than  35 
feet  high. 


Between   35    and 
feet  high. 


96 


BUILDINGS. 


Over  55  feet  high. 


Walls  of  buildings 
not  dwellings. 


Less  than  40  feet 
high. 


Over  40  feet  high. 


Between  40  and  60 
feet  high. 


Over  GO  feet  high. 


Thickness  of  party 
walls. 


less  than  twelve  inches  thick  to  the  top  of  the  upper  floor, 
and  not  less  than  eight  inches  thick  for  the  remaining 
height. 

For  dwelling-houses  with  walls  exceeding  fifty-five  feet  in 
height,  foundation  walls,  laid  with  block  or  ledge  stone  in 
cement  mortar,  or  brick  laid  in  cement,  shall  be  not  less 
than  twenty  inches  thick.  External  brick  walls  shall  be  not 
less  than  sixteen  inches  thick  to  the  top  of  the  second  floor, 
and  twelve  inches  above,  and  brick  party  walls  not  less  than 
twelve  inches  thick  to  the  top  of  the  upper  floor,  and  not 
less  than  eight  inches  thick  for  the  remaining  height. 

Sec.  15.  Buildings  other  than  dwelling-houses  shall 
have  walls  of  the  following  thickness  : 

For  buildings  in  which  the  walls  do  not  exceed  forty  feet 
in  height,  foundation  walls  shall  be  laid  of  block  or  ledge 
stone  in  cement  mortar,  not  less  than  twenty-four  inches 
thick ;  external  walls  shall  not  be  less  than  sixteen  inches 
thick  to  the  top  of  the  first  story,  and  not  less  than  twelve 
inches  thick  for  the  remaining  height. 

For  buildings  in  which  the  walls  exceed  forty  feet  in 
height,  foundation  walls  shall  be  laid  of  block  or  ledge 
stone  in  cement  mortar,  not  less  than  twenty-eight  inches 
thick. 

For  buildings  exceeding  forty  feet  and  not  exceeding  sixty 
feet  in  height,  the  external  walls  shall  not  be  less  than 
twenty  inches  thick  to  the  top  of  the  first  story,  not  less 
than  sixteen  inches  thick  to  the  top  of  the  second  story, 
and  not  less  than  twelve  inches  thick  for  the  remaining 
height. 

For  buildings  exceeding  sixty  feet  in  height,  the  external 
walls  of  the  two  lower  stories  shall  not  be  less  than  twenty- 
four  inches,  the  next  story  above  not  less  than  twenty  inches, 
thence  not  less  than  sixteen  inches  to  the  top  of  the  fourth 
story,  and  not  less  than  twelve  inches  for  the  remaining 
height. 

Party  walls  in  such  buildings  shall  be  not  less  than  twenty 
inches  thick  to  the  top  of  the  second  floor  above  the  street, 
and  not  less  than  sixteen  inches  thick  to  the  underside  of 
the  roof  boards,  and  not  less  than  twelve  inches  thick  for 
the  remaining  height. 


BUILDINGS. 


97 


Bearing  walls. 


Headers  in  stone 
walls. 


In  all  buildings  over  twenty-five  feet  in  width,  not  having        External  walls, 
either  brick  partition  walls,  or  girders  supported  by  columns 
running  lengthwise  of  the  building,  the  external  walls  shall 
be  increased  four  inches  in   thickness  for  every  additional 
twenty-five  feet  in  the  width  of  said  building. 

Bearing  walls  over  ninety  feet  in  length  without  cross 
walls  or  buttresses  of  equal  height  with  the  wall  shall  be 
four  inches  thicker  than  above  required. 

Stone  walls  less  than  twenty-four  inches  thick  shall  have 
at  least  one  header  running  through  in  every  three  feet  in 
height  and  four  feet  in  length  ;  if  over  twenty-four  inches 
thick,  at  least  one  header  for  every  six  superficial  feet  on 
each  side  and  running  in  at  least  two  feet. 

The  amount  of  materials  above  specified  for  external  Piers  or  buttresses 
walls  may  be  used  either  in  piers  or  buttresses  :  provided, 
the  external  walls  between  said  piers  or  buttresses  shall  in 
no  case  be  less  than  twelve  inches  thick.  If  adjoining 
owners,  instead  of  a  party  wall,  shall  each  at  the  same  time 
erect  a  wall  on  his  own  land,  such  walls  may  be  twelve 
inches  each  in  thickness,  to  such  height  as  they  shall  be 
contiguous. 

When  the  floor  joists  of  any  building  rest  on  brick  cor- 
belling, or  on  iron  bearers,  and  are  not  built  into  the  wall, 
the  walls  may  be  made  four  inches  thinner  than  required 
above  :  provided,  that  such  corbelling  be  not  less  than  six 
courses  in  height,  and  be  well  bonded  into  the  wall;  and 
that  no  such  wall  be  less  than  twelve  inches  thick. 

The  external  walls  of  stables,  or  workshops  for  light 
work,  shall  be  at  least  twelve  inches  thick:  provided,  that 
no  such  building  shall  be  over  thirty  feet  high,  nor  cover 
more  than  three  thousand  square  feet,  and  that  said  walls 
be  not  less  than  twelve  inches  thick. 

Hollow  walls  may  be  built ;  but  all  such  walls  shall  be 
tied  together  with  incombustible  anchors  placed  not  more 
than  three  feet  apart.  If  used  as  bearing  walls,  the  thick- 
ness shall  be  reckoned  by  their  solid  parts,  unless  either 
part  is  at  least  eight  inches  thick  and  solid  vertical  connec- 
tions are  made  not  less  than  twelve  inches  wide  nor  more 
than  eight  feet  apart  from  centres,  in  which  case  two  thirds 

13 


Corbelling. 


External  walls  of 
stables  or  shops. 


Hollow    walls. 


98 


BUILDINGS. 


Hall  partitions  in 
tenement  or  lodging- 
houses. 


Backing  of  exterior 
walls. 


Stone  cornices. 


Headers. 


Metal  ties. 


Backing  of  brick 
in  certain  cases,  and 
other  details. 


of  the  hollow  space  shall  be  counted  with  the  solid  parts. 
In  no  case  shall  the  ends  of  joists  or  other  wood-work  be 
allowed  to  come  within  four  inches  of  the  hollow  space. 

In  any  building  hereafter  to  be  erected,  to  be  occupied  as 
a  tenement  or  lodging  house,  in  which  the  lower  part  is  to 
be  used  for  business  or  manufacturing  purposes,  or  which  is 
intended  to  be  occupied  by  more  than  four  families,  the 
hall  partitions  from  the  cellar  to  the  second  floor  shall  be 
built  of  non-conducting,  incombustible  material. 

Exterior  walls  faced  with  stone,  shall  have  a  backing  of 
not  less  than  eight  inches  of  hard  brick-work  laid  in  mortar. 
But  in  no  case  shall  the  thickness  of  stone  and  backing, 
taken  together,  be  less  than  the  thickness  required  for  a 
brick  wall  of  the  same  height.  The  stone  facing  of  the  wall 
shall  be  securely  tied  to  the  brick  backing  by  means  of 
metal  clamps. 

Where  a  wall  is  finished  with  a  stone  cornice,  the  greatest 
weight  of  material  of  such  cornice  shall  be  on  the  inside  of 
the  face  of  the  wall,  so  that  the  cornice  shall  firmly  balance 
upon  the  wall. 

In  brick  walls  every  ninth  course  shall  be  a  heading 
course,  except  where  some  bond  is  used  in  which  at  least 
every  ninth  course  is  a  heading  course,  or  where  walls 
are  faced  with  face  brick,  when  every  ninth  course  shall  be 
bonded  with  Flemish  headers,  or  by  cutting  the  face  course 
and  putting  in  diagonal  headers  behind,  or  by  splitting  the 
face  brick  in  half  and  backing  the  same  by  a  continuous 
row  of  headers.  Metal  ties,  built  in  as  often  as  every  ninth 
course,  and  not  over  twelve  inches  apart,  may  be  used  in- 
stead of  the  brick  headers. 

In  all  walls  which  are  faced  with  thin  ashlar,  anchored  to 
the  backing,  or  in  which  the  ashlar  has  not  either  alternate 
headers  and  stretchers  in  each  course,  or  alternating  head- 
ing and  stretching  courses,  the  backing  of  brick  shall  not  be 
less  than  twelve  inches  thick,  and  each  ashlar  shall  be  se- 
curely tied  to  the  backing  by  one  or  more  suitable  metal 
anchors.  All  heading  courses  shall  be  good,  hard,  perfect 
brick.  Iron  piers  under  external  walls,  unless  full  columns, 
shall  be  backed  with  at  least  twelve   inches  of  brick-work  ; 


BUILDINGS. 


no 


iron  fronts  or  facings  shall  be  backed  with  brick-work  at 
least  eight  inches  thick.  No  rear,  front,  division  or  party 
wall  of  brick  or  stone  shall  be  built  upon  or  supported  by 
any  wooden  girders,  rafters  or  lintels,  or  other  wooden  sup- 
ports, but  upon  iron,  brick  or  stone  of  sufficient  strength. 
All  lintels  shall  be  of  sufficient  strength  and  bearing  for  the 
superimposed  weight.  No  timber  shall  be  used  in  any  wall 
of  building,  except  arch  forms  for  interior  arched  openings. 

The  side,  end  and  party  walls  shall  be  anchored  at  each 
tier  of  beams,  at  intervals  of  not  more  than  ten  feet  apart, 
with  good,  strong,  wrought-iron  anchors,  at  least  one  half 
inch  by  one  and  one  half  inch,  well  built  into  the  walls,  and 
fastened  to  the  top  of  the  beams  ;  and  where  the  beams  are 
supported  by  girders,  the  ends  of  the  beams  resting  on  the 
girder  shall  be  butted  together,  end  to  end,  and  strapped  by 
wrought  iron  straps  or  tie-irons,  at  the  same  distances  apart, 
and  in  the  same  beams  as  the  wall  anchors,  and  shall  be 
well  fastened. 

All  mortar  shall  be  of  the  best  quality  for  the  purpose  for 
which  it  is  applied. 

Party  walls  shall  be  coped  with  non-combustible  material 
securely  fastened,  or  with  wood  if  covered  with  tin  or  other 
metal ;  and  where  there  is  a  fiat,  hip  or  pitch  roof,  shall  be 
carried  up  to  a  height  of  not  less  than  two  feet  above  the 
roof  covering,  at  every  part  of  said  roof  ;  and  where  the 
roof  is  of  the  kind  known  as  Mansard  or  French,  or  of  any 
style  excepting  as  above  specified,  unless  the  same  is  con- 
structed of  fireproof  materials  throughout,  the  party  wall 
shall  be  carried  up  to  a  height  of  not  less  than  two  feet 
above  the  flat  or  upper  slope  of  said  roof,  and  shall  extend 
through  the  lower  slope,  at  least  eighteen  inches  distant 
from  and  parallel  with  the  roof  covering.  The  ends  of 
party  walls  shall  be  corbelled  out  at  least  twelve  inches,  or 
to  the  outer  edge  of  all  cornices  or  projections  on  the  front 
or  rear  walls  :  provided,  that  if  a  gutter-stone  of  suitable 
dimensions  and  properly  balanced  shall  be  inserted,  it  shall 
be  equivalent  to  corbelling,  and  no  continuous  vertical  re- 
cess of  more  than  four  inches  in  depth  shall  be  made  in 
any  twelve-inch  party  wall,  and  no  recess  of  any  kind  shall 
be  made  in  any  eight-inch  party  wall. 


Anchoring. 


Mortar. 


Coping  of  party 
walls. 


Section  lit  is  not 
omitted.  Its  absetice 
is  due  merely  to  in- 
advertence in  num- 
heririg  the  sections  iti 
the  original. 


100 


BUILDINGS. 


Isolated  brick 
piers. 


External  brick 
piers. 


Columns. 


Footing-cours  es . 


Binders. 


Floor-beams. 


Sec.  17.  Isolated  brick  piers  shall  be  built  of  good, 
hard,  well-burnt  brick,  and  under  all  lintels,  girders,  iron  or 
other  columns,  shall  have  a  cap-iron  at  least  one  inch  thick, 
or  a  cap-stone  of  granite  at  least  eight  inches  thick,  or  blue- 
stone  at  least  four  inches  thick,  the  full  size  of  the  pier. 

In  the  case  of  an  external  brick  pier,  the  plate  ma}'  be 
reduced  sufficiently  in  size  to  allow  four  inches  of  brick  work 
to  intervene  between  the  edge  of  the  plate  and  the  face  of 
the  pier  exposed  to  the  weather. 

Columns  supported  by  brick  walls  or  piers  shall  rest  upon 
an  iron  plate  at  least  one  inch  thick,  or  upon  a  cap-stone  of 
granite  at  least  eight  inches  thick,  or  of  bluestone  at  least 
four  inches  thick,  of  a  size  satisfactory  to  the  inspector  of 
buildings.  Under  iron  columns  shall  in  all  cases  be  an 
iron  plate  of  not  less  than  one  inch  in  thickness.  All  iron 
columns  must  be  wrought  to  a  true  bearing  at  right  angles 
with  the  axis,  and  must  be  set  plumb  without  wedging  up, 
except  with  thin  iron  wedges. 

Every  pier  or  column  supporting  walls  of  masonry  shall 
have  for  a  footing-course  a  broad  leveler  of  block  stone,  or 
ledge  stone  of  sufficient  thickness,  and  with  a  bearing  sur- 
face equal  in  area  to  the  square  of  one  foot  more  than  the 
width  of  the  footing  course  required  for  a  wall  of  the  same 
thickness  as  that  borne  by  the  pier  or  column  ;  and  if  the 
foundation  of  such  piers  or  columns  rests  upon  piles,  a 
sufficient  number  shall  be  driven  to  insure  a  proper  support. 

Every  brick  pier  shall  have  one  or  more  binders  built 
therein  either  of  iron  not  less  than  one  inch  thick,  of  blue- 
stone  not  less  than  three  inches,  or  of  granite  or  sandstone 
not  less  than  five  inches  thick  ;  these  binders  shall  be  of  the 
full  size  of  the  pier,  except  in  piers  on  the  street  front  above 
the  curb  where  they  may  be  four  inches  less  in  diameter. 
The  distance  between  any  two  binders  or  between  either  of 
them  and  the  capstone  or  base  of  the  pier  shall  not  exceed 
four  feet. 

Sec.  18.  Floor  beams  shall  have  a  bearing  of  at  least 
four  inches  at  each  end.  Every  trimmer  or  header  more 
than  four  feet  long,  used  in  any  building  except  a  dwelling, 
shall   be  hung   in  stirrup  irons  of  suitable  thickness  for  the 


BUILDJNGS. 


101 


weight  to  be  supported.  The  butts  oi'  ends  of  all  floor 
beams  and  rafters  entering  a  brick  wall  shall  be  cut  on  a 
splay  of  three  inches  in  their  width.  All  main  partitions 
supporting  in  any  manner  the  floor  beams  or  rafters  shall 
be  placed  directly  over  each  other,  and  shall  rest  on  a  wall 
girder,  or  hard-pine  capping,  and  shall  head  and  foot  against 
each  other  as  far  as  practicable. 

Roof  or  floor  timbers  entering  the  same  party  wall  from 
opposite  sides,  shall  have  at  least  four  inches  solid  brick- 
work between  the  ends  of  said  timbers. 

Under  the  ends  of  iron  or  wooden  girders,  resting  in 
walls,  a  stone  template  shall  be  built  into  the  wall  not  less 
in  width  than  four  inches  less  than  the  thickness  of  said 
walls,  and  not  in  any  case  less  than  four  inches  in  thickness 
and  eighteen  inches  long.  Iron  wall  plates  may  be  used  in 
place  of  such  templates,  not  less  than  one  inch  in  thickness. 

Sec.  19.  Flat  roofs  shall  be  constructed  to  bear  a  safe 
weight,  exclusive  of  materials,  of  not  less  than  tifty  pounds 
per  superficial  foot.  Floors  (except  attic  floors)  shall  be 
constructed  to  bear  a  safe  weight,  per  superficial  foot,  ex- 
clusive of  materials,  as  follows:  For  dwelling  houses,  tene- 
ment houses,  apartment  houses,  hotels,  boarding  houses, 
and  stables,  not  less  than  seventy  pounds  ;  ordinary  school 
rooms  and  rooms  for  light  mechanical  purposes,  not  less 
than  one  hundred  pounds ;  theatres,  public  halls,  churches, 
and  all  rooms  liable  to  be  crowded  with  people,  not  less 
than  one  hundred  and  twenty-five  pounds  ;  stores,  factories, 
mills  and  business  buildings,  not  less  than  one  hundred  and 
fifty  pounds  ;  storehouses,  warehouses,  machine  shops,  ar- 
mories and  drill  rooms,  not  less  than  two  hundred  and  fifty 
pounds. 

No  floor  shall  be  loaded  with  a  greater  weight  than  that 
above  assigned  to  its  class,  unless  it  shall  have  been  previ- 
ously examined  by  a  competent  architect,  civil  engineer,  or 
master  builder,  not  interested  in  the  construction  of  the 
building,  who  shall  give  a  certificate  of  the  weight  per  square 
foot  such  floor  can  safely  sustain,  a  copy  of  which  certifi- 
cate shall  be  posted  in  a  conspicuous  place  above  or  adja- 
cent to  such  floor,  and  the  weight  therein  named  shall  in  no 
case  be  exceeded. 


Partitions. 


Roof  or  floor 
timbers. 


Stone  template. 


Iron  wall  plates. 


Strength  of  roofs 
and  floors. 


Kxaniination  of 
floors. 


102 


BUILDINGS. 


Overloading  of 
floor. 


Restrictions    upon 
bay  or  oriel  windows. 


Act  of  1894,  Ch.  1339, 
Sec.  4. 


Projections  over  any 
public  way. 


Roofs. 
Ch.  1339,  as  above. 


Cornices. 
Ch.  1339,  as  above. 


Leaders  for  water. 
Ch.  1339,  as  above. 


Not  to  overflow 
sidewalk. 


No  person  shall  load  any  floor  to  a  greater  degree  than 
above  named,  or  shall  remove  any  certificate  posted  as 
above. 

Sec.  20.  No  bay  or  oriel  window  or  other  structure  shall 
be  placed  upon  any  building  so  as  to  project  over  any  pub- 
lic way  or  square  more  than  four  feet,  and  then  only  in  such 
manner  as  shall  be  approved  by  the  inspector  of  buildings  ; 
but  in  no  case  shall  any  such  projection  extend  below  a  line 
drawn  at  an  angle  of  forty-five  degrees,  starting  at  a  point 
eight  feet  above  the  sidewalk  immediately  beneath ;  nor 
shall  any  oriel  or  bay  window  or  other  structure  extend  be- 
yond a  line  drawn  horizontally  from  the  nearest  corner  of 
the  adjacent  lot,  at  an  angle  of  thirty  degrees  with  the 
street  line.  All  such  projections  shall  be  provided  with 
gutters  and  conductors  to  prevent  as  far  as  possible  any 
water  from  dripping  or  flowing  on  to  the  sidewalk. 

The  roof  of  every  brick,  stone  or  iron  building,  all  roofs 
to  tenement  and  lodging  houses,  and  the  roofs  of  all  wooden 
buildings  in  the  first  district  shall  be  covered  with  incom- 
bustible material. 

Incombustible  cornices  shall  be  well  secured  to  the  walls 
independent  of  any  woodwork,  and  in  all  cases  the  walls 
shall  be  carried  up  to  the  planking  of  the  roof  behind  the 
cornice,  and  where  the  cornice  projects  above  the  roof,  the 
wall  shall  be  carried  up  to  the  top  of  the  cornice  ;  and  all 
exterior  wooden  cornices  on  brick,  stone  or  iron  buildings 
that  shall  hereafter  require  to  be  replaced,  shall  be  con- 
structed of  some  non-combustible  material,  as  required  for 
new  buildings  ;  and  every  exterior  wooden  cornice  or  gutter 
on  brick,  stone  or  iron  buildings  that  may  hereafter  be 
damaged  by  fire  to  a  greater  extent  than  one-half  the  whole 
thereof,  shall  be  taken  down,  and  if  replaced  shall  be  con- 
structed in  accordance  with  the  provisions  of  this  act. 

Buildings  fronting  on  a  street  shall  be  kept  provided  with 
proper  leaders  for  conducting  the  water  from  the  roof  to 
the  ground,  sewer,  street  gutter,  or  dry  well,  in  such  manner 
as  shall  protect  the  walls  and  foundations  from  damage  ;  and 
in  no  case  shall  the  water  from  the  said  leaders  be  allowed 
to  flow  upon    the   sidewalk.     No   building,  except  churches 


BUILDINGS,  103 

and  grain  elevators,  shall  exceed  eighty  feet  in  height  to  the      Buildings,    except 

...  .         I-  ,        ,  I       r      1         r     •    I        1  1  1        •  churches    and    grain 

highest  point  from  the  level  of  the  nnished  grade,  exclusive   elevators,  to  be  fire- 

/•       1  ■  1  .  Ill  1  r  1  11,-     Pi'L'of  bevond   eighty 

of  chimneys  and   party  walls   above   the  roof,  unless  all  of   feet  of  hbight. 

said  building   above  such  height  shall    be   constructed   in   a 

fire-proof  manner  as  herein  named,  to  wit:   all  joists,  beams, 

rafters,  purlins,  jack-rafters,    plates,  studs,  ties,  and    arches, 

shall  be  made  of  and  covered  with  incombustible   material. 

Structures   or  projections  above    or  outside    of  the  roof  of        .structures  on 

buildings   over  sixty  feet  high,  shall   be  made,  constructed, 

framed  and  covered  with  incon'ibustible  material. 

Buildings  shall  have  scuttles  not   less  in  size  than  two  by  Scuttles, 

three    feet,    or    bulkheads    and    doors    on    the    roof,    shall         Bulkheads, 
have   stationary  ladders  or  stairs  leading  to  the  same,  and     ^'i.  13,39,  as  above, 
such  scuttles  and  ladders  shall  be  kept  so  as  to  be  ready  for 
use  at  all  times. 

Sec,  21.     Chimneys  shall   be  built   of  well-burned  brick      chimneys,    flues, 

1  •  •  T-.-1/n  1111  ••  ''"d    heating     appa- 

or  clay  pipe,  stone  or  iron.  Brick  nues  shall  have  joints  ratus. 
filled  and  struck,  and  be  smoothly  plastered  outside  below 
the  roof ;  plastering  to  be  put  on  after  the  chimney  is 
built  up  the  full  height.  Iron  or  clay  pipe,  if  used,  must  be 
enclosed  in  a  brick  flue,  or  in  an  outer  pipe  of  non-combusti- 
ble material,  with  a  space  between  of  not  less  than  one 
inch  ;  and  all  joints  in  such  pipes  must  be  thoroughly  filled 
with  fire-clay  or  incombustible  cement;  brick  chimneys  must 
have  outer  brick  walls  at  least  four  inches  thick.  Outside 
walls  of  flues  not  over  one  hundred  inches  in  area,  for 
ranges,  furnaces,  boilers  and  ovens,  shall  be  of  at  least 
six  inches,  if  of  greater  area  of  at  least  eight  inches,  of 
brick-work. 

Brick  flues  not  starting  from  the  foundation  walls,  shall  Same  subject, 
be  securely  built  into  the  brick  work  of  the  walls  to  which 
they  are  hung.  In  no  case  shall  chimneys  rest  upon  any 
flooring  without  a  footing  of  masonry  or  iron  supported  by 
iron  beams,  having  a  secure  bearing  on  masonry  or  iron  at 
either  end.  The  brick-work  of  an  isolated  chimney  shall 
not  be  carried  over  more  than  three  quarters  of  an  inch  to  . 
each  course  of  brick,  nor  so  far  as  to  throw  the  centre  of 
gravity  Of  said  chimney  outside  of  the  base  thereof.  Flues 
shall  be  topped  out  at  least  three  feet  above  the  roof ;  brick 


104 


BUILDINGS. 


Hearths. 


Brick-work    back    of 
grates. 


Smoke-pipes. 


Earthen  funnels  in 
chimneys. 


Smoke-pipes. 


Cold  air  boxes. 


Registers. 


topping  of  chimneys  shall  not  project  more  than  two  inches, 
unless  covered  by  metal,  stone,  or  terra  cotta  caps,  well 
secured. 

Hearths  of  fire-places  or  grates  shall  be  laid  upon  incom- 
bustible supports.  Wooden  centering,  supporting  a  trimmer 
arch,  shall  be  removed  before  plastering  underneath. 

Brick-work  back  of  all  grates,  fire-places  and  ranges  shall 
be  not  less  than  eight  inches  thick  ;  and  when  it  adjoins  a 
wooden  or  stud  partition,  shall  have  at  least  two  four-inch 
walls  with  at  least  a  two-inch  air  space  between.  No  wood- 
work shall  be  secured  to  the  brick-work  of  any  flue. 

Smoke-pipes  in  buildings  having  combustible  floors  or 
ceilings,  shall  enter  flues  at  least  twelve  inches  from  floors 
or  ceilings  ;  and  where  they  pass  through  stud  or  wooden 
partitions,  whether  plastered  or  not,  shall  be  guarded  by  a 
double  collar  of  metal,  with  at  least  a  four-inch  air-space  and 
holes  for  ventilation,  or  by  a  soapstone  ring,  at  least  four 
inches  in  thickness,  extending  through  the  partition.  Earth- 
en funnels  in  chimneys  shall  project  not  more  than  one  inch 
from  the  brick-work  thereof ;  metal  funnels  carried  through 
furring  or  studding,  shall  be  filled  around  with  brick  or 
stone,  for  at  least  six  inches  out  from  the  pipe,  and  shall 
pass  entirely  into  the  chimney,  or  have  an  outer  ring  of 
metal  at  least  four  inches  at  every  point  from  the  funnel,  the 
space  between  to  be  left  open  or  covered  with  perforated 
metal. 

The  smoke-pipe  of  any  hot  air,  steam,  hot  water  or  other 
furnace,  passing  beneath  wooden  beams  or  ceilings,  shall  be 
kept  at  least  eighteen  inches  therefrom,  or  the  wood-work 
shall  be  protected  by  a  tin  shield  suspended  at  least  one 
inch  below.  Tops  of  furnaces  set  in  brick  shall  be  covered 
with  brick  so  as  to  be  perfectly  tight,  in  addition  to  and  not 
less  than  two  inches  from  the  covering  of  the  hot  air  cham- 
ber, and  shall  be  at  least  four  inches  below,  and  the  tops  of 
portable  furnaces  at  least  one  foot  below,  any  wooden  beams 
or  ceilings.  Cold  air  boxes  to  furnaces  shall  be  of  incom- 
bustible material. 

Registers  connected  with  hot  air  furnaces  shall  be  set  in 
non-conducting,  incombustible  borders  at  least   two   inches 


BUILDINGS.  105 

wide.  Register  boxes  shall  be  made  of  tin  plate  with  a 
flange  on  the  top  to  fit  a  groove  in  the  border.  There  shall 
also  be  an  open  space  of  not  less  than  one  inch  on  all  sides 
of  the  register  box,  (extending  in  floor  registers  from  the 
under  side  of  the  ceiling,  below  the  register,  to  the  border 
in  the  floor),  the  outside  of  said  space  to  be  covered  with  a 
casing  of  tin  plate,  made  tight  on  all  sides,  to  extend  to  and 
turn  under  the  said  border.  Registers  of  fifteen  by  twenty- 
five  inches  or  more  shall  have  a  space  of  not  less  than  two 
inches. 

No  wood- work  shall  be  placed  at  a  less  distance  than  one        Hot  air  pipes. 
inch  from  any  tin  or  other  metal   flue  or  pipe  used   or  to  be 
used  to  convey  heated  air,  unless  protected  by  a  soapstone 
or  earthen  ring  or  tube,  or  a  metal  casing  so  constructed  as 
to  permit  free  circulation  of  air  around  said  pipe  or  flue. 

Range  or  boiler  flues  shall  be  faced  with  brick  or  plastered   Range  or  boiierflues. 
directly  upon  the  bricks  up  to  the  ceiling  of  the   room,  and 
no  wood-work  shall  be  placed  on  the  outside  thereof  below 
said  ceiling. 

Stoves  shall  be  placed  upon  incombustible  bases.     Their  stoves. 

bodies  shall  be  at  least  twenty,  and  smoke-pipes  at  least 
twelve  inches  from  any  unprotected  wood-work.  Wood- 
work within  said  distances  shall  be  protected  by  metal  cov- 
ering, and  if  within  less  than  one  third  of  said  distances, 
shall  have  a  double  metal  covering  with  ventilating  air  space 
between. 

Open  fire-places,  cooking  ranges,  set  kettles,  and  the  like,  p'oundations  for 
shall  have  fire-proof  foundations,  with  fire-proof  hearth  ex- 
tending not  less  than  sixteen  inches  from  the  grate  or  ash- 
pit. No  brick  structure  to  contain  fire  shall  be  allowed  on 
a  wooden  floor  in  any  building.  The  provisions  of  this  sec- 
tion shall  apply  to  buildings  already  erected,  if  found  neces- 
sary, and  ordered  after  examination  of  the  premises,  by  the 
inspector. 

No  heater  shall  be  used  in  any  room  where  hay,  straw,  or      Heat  and  ligiu 

h.     ii-ri  11  -1  I.  .  1  1  where  inflammable 

ighly  inflammable  articles   are  kept  or  stored,  unless  pro-   articles  are  stored. 

tected    by  a   surrounding   wire    screen  with   not   more  than 

quarter-inch  meshes ;  no  lights  shall   be  used   in  such  room 

unless    contained    in    a    glass    globe,    lantern    or    chimney, 

thoroughly  protected  by  a  wire  screen. 

14 


106 


BUILDINGS. 


Steam  pipes. 


Ash  depositories. 


Unsafe  chimneys, 
flues  or  heating  ap- 
paratus. 


Boiler  rooms. 


Protection   of   wood- 
work. 


Steam  pipes  shall  be  kept  at  least  one  inch  from  all  wood- 
work, or  shall  be  protected  by  an  incombustible  ring  or  tube, 
or  rest  on  iron  supports. 

Depositories  for  ashes  in  the  interior  of  any  building  shall 
be  built  of  incombustible  material. 

If  any  chimney,  flue,  or  heating  apparatus,  shall  in  the 
opinion  of  the  inspector  of  buildings  be  unsafe  by  reason  of 
endangering  the  premises  by  fire  or  otherwise,  the  inspector 
shall  at  once  notify  in  writing  the  owner,  agent,  or  other 
party  having  an  interest  in  said  premises,  who,  upon  receiv- 
ing said  notice,  shall  make  the  same  safe  in  pursuance  of 
the  terms  of  said  notice. 

Sec.  22.  Boiler  houses  and  boiler  rooms  in  wood-work- 
ing establishments,  or  wdiere  inflammable  materials  are  used, 
or  where  shavings  or  other  highly  inflammable  fuel  is  used, 
shall  be  enclosed  with  brick,  stone  or  concrete  walls,  or  iron 
studs,  filled  with  concrete.  Roofs  or  floors  over  such  boiler 
rooms  shall  be  made  of  iron,  brick,  stone  or  concrete  arches 
or  slabs,  or  if  of  wood  shall  be  protected  with  fire-proof  tile 
or  plastered  on  iron  laths,  or  wire  netting,  or  covered  with 
metal.  The  doors  to  such  rooms  shall  be  of  iron,  or  of 
wood  covered  with  metal,  and  have  an  opening  in  said  door 
glazed  with  not  less  than  one  quarter  inch  thick  glass,  and 
shall  be  kept  securely  shut,  except  during  working  hours. 
The  floors  of  rooms  containing  stationary  boilers  shall  be 
made  of  incombustible  material  for  at  least  ten  feet  in  front, 
and  for  such  distance  on  the  sides  and  rear  as  may  be  re- 
quired by  the  said  inspector.  Wooden  floors  under  porta- 
ble boilers  shall  have  close  protection  of  incombustible 
material. 

No  wood-work  shall  be  placed  within  one  foot  of  such 
boiler  or  smoke-pipe,  or  within  six  feet  of  the  front,  four 
feet  of  the  sides,  top,  rear,  or  smoke  conductor,  unless  pro- 
tected by  fire-proof  tiles  at  least  one  half  inch  thick,  or  by 
being  plaste;'ed  on  iron  laths  or  wire  netting,  or  by  metal 
sheathing  with  at  least  a  one  inch  air-space  between  the 
wood  and  metal  ;  the  overheads,  immediately  over  hot 
water  or  low  pressure  steam  boilers,  used  exclusively  for 
heating,  if  within  four  feet  of  the  top  thereof,  may  be 
plastered  on  wooden  laths,  or  sheathed  with  metal. 


BUILDINGS. 


10' 


Rooms  for  drying  lumber  or  other  inflammable  material 
heated  by  direct  heat  from  the  top  of  boilers,  shall  be  con- 
structed and  roofed  and  have  doors  as  described  for  boiler 
houses. 

Sec.  28.  Brick  buildings,  to  be  used  for  dwelling,  tene- 
ment, and  lodging  houses,  not  more  than  twenty-five  feet  in 
height,  and  brick  buildings  other  than  dwelling,  tenement  or 
lodging  houses  not  exceeding  twelve  feet  in  height  may  have 
external  walls  eight  inches  thick. 

Sec.  24.  Every  building  more  than  fifty  feet  high,  or 
covering  over  five  thousand  superficial  feet  in  area,  except 
dwelling-houses  and  churches,  shall  have  at  least  one  two- 
and-one-half  inch  metallic  stand-pipe,  with  hose  coupling 
and  hose  or  sprinkling  pipes  accessible  from  the  main  stair- 
way on  each  floor,  extending  above  the  roof,  and  arranged 
so  that  an  engine  hose  can  be  attached  from  the  street. 
Hose  couplings  shall  conform  to  the  size  and  pattern 
adopted  by  the  fire  department. 

Sec.  25.  In  every  building  in  which  there  now  exists  or 
hereafter  shall  be  placed  any  hoistway  or  elevator,  not  en- 
closed by  fire-proof  partitions  and  doors,  nor  placed  in  the 
well-hole  of  the  stairs,  the  opening  thereof  through  and 
upon  each  floor  shall  be  provided  with,  and  protected  by,  a 
good  and  substantial  railing,  and  good  and  sufficient  trap- 
doors with  which  to  close  the  same  ;  and  such  trap-doors 
shall  be  kept  closed  during  the  night  time,  except  said 
hoistway  or  elevator  shall  then  be  in  actual  use. 

Sec.  26.  Factories,  mills  and  buildings,  where  more 
than  twenty-five  operatives  are  employed,  hotels,  boarding, 
tenement,  lodging  and  apartment  houses,  and  business 
buildings  less  than  fifty  feet  high,  not  hereafter  specially 
mentioned,  shall  have  the  partitions  adjacent  to  or  enclosing 
said  stairways  constructed  of  incombustible  material,  or  of 
at  least  two-by-three  studding  plastered  on  both  sides  and 
protected  as  follows  :  The  space  from  the  top  of  the  lathing 
or  head  of  the  partition  below  to  a  line  three  inches  above 
the  top  of  the  base  board,  or  six  inches  above  the  top  of  the 
floor,  if  there  be  no  base  board,  and  the  space  adjoining  the 
strinsfs  of  the  stairs  from  the  under  side  of  said  strings  to  a 


Dr>'ing  rooms. 


External  walls  of 
brick  buildings. 


Act  of  1894.  Cb.i;«9. 
Sec.  5. 


Stand  jjipes. 


Hoistways  and 
elevators. 


Stairways  and 
doorways . 


108 


BUILDINGS. 


Partitions  for 
stairways. 


Stair  landings. 


Stairways  in 
theatres. 


Pitch  of  stairs. 


Inclines. 


line  three  inches  above  the  base  board  thereof,  or  six  inches 
above  the  rake  of  the  nosings,  if  there  be  no  base  board, 
shall  be  filled  in  solid  with  brick  or  stone  set  in  mortar, 
concrete  grouting,  tile,  or  other  incombustible  filUng ;  if  the 
stairs  are  wainscoted,  there  shall  be  a  similar  filling  three 
inches  above  and  below  the  top  lines  of  the  wainscoting  ; 
and  when  such  buildings  are  over  three  stories  high,  ware- 
houses, store-houses  and  business  buildings  over  fifty  feet 
high,  said  partitions  shall  be  constructed  as  above  de- 
scribed, and  shall  be  further  either  filled  solid  in  a  similar 
manner  for  the  whole  height  thereof,  or  be  plastered  on  the 
sides  adjoining  the  stairway  on  iron  laths  or  wire  netting,  or 
covered  with  tile  or  other  incombustible,  non  conducting 
material. 

Public  halls,  churches,  school-houses,  and  places  of  pub- 
lic assembly,  not  hereafter  excepted,  and  business  buildings 
within  the  first  building  district,  shall  have  stairway  parti- 
tions constructed  as  herein  described;  but  unless  filled  in 
solid,  shall  be  plastered  on  both  sides  on  iron  or  wire  laths, 
or  be  covered  with  other  incombustible,  non-conducting 
material. 

In  all  buildings  herein  mentioned  the  spaces  between  the 
floor-joists  in  each  story  at  the  stair  landings,  and  the  space 
above  the  floors  immediately  below  the  stairs,  if  ceiled  with 
wood  or  plastered  on  wood  laths,  shall  be  filled  with  mortar 
or  concrete  from  the  top  of  the  laths  or  ceiling  to  one-half 
inch  above  the  bottom  of  the  floor-joists,  and  all  connection 
between  such  spaces  and  other  parts  of  the  floor  shall  be 
stopped  off  by  similar  flUing. 

In  theatres  or  public  halls  fitted  for  theatrical  perform- 
ances, stairway  partitions  and  enclosures  must  be  substanti- 
ally incombustible. 

Stairs  occupied  by  or  exits  leading  from  any  place  of  pub- 
lic assembly,  shall  not  have  a  pitch  greater  than  eight  inches 
rise  to  tw-elve  inches  run,  nor  shall  discharge  at  right  angles 
with,  or  confronting  each  other,  upon  or  into  any  common 
landing  or  corridor  of  less  than  the  united  width  of  such 
exits,  nor  unless  separated  by  a  sufficient  railing  or  partition. 
Whenever  practicable,  inclines  at  a  pitch  not  exceeding  one 
in  ten  shall  be  substituted  for  stairs. 


BUILDINGS. 


109 


No  doorway  or  stairway  leading  from  a  theatre  or  other 
place  of  public  assembly,  shall  be  less  than  five  feet  wide  ; 
and  the  aggregate  width  of  doorways  and  stairways,  from 
galleries  or  interior  compartments  of  such  buildings,  shall 
be  in  the  proportion  of  at  least  eighteen  inches  to  each  one 
hundred  persons  at  any  time  contained  therein.  Exterior 
openings  or  stairways  shall  have  the  same  proportionate 
width  to  the  whole  number  contained  in  the  building. 

Jkiildings  over  two  stories  high,  v/here  combustible  arti- 
cles or  materials  are  manufactured,  wherein  over  two  hun- 
dred operatives  are  employed,  must  have  at  least  two  egress 
stairways,  to  be  if  practicable  at  least  fifty  feet  apart,  and  if 
that  distance  is  not  practicable  shall  have  stairways  at  each 
end. 

Sec.  27.  Every  building  or  hall  which  is  or  shall  be  fitted 
up  for  theatrical  or  other  performances,  requiring  the  use  of 
inflammable  materials,  stage,  etc.,  shall  be  provided  with 
not  less  than  two  stand-pipes,  at  least  two  and  one  half 
inches  in  diameter,  located  in  such  positions  as  the  inspec- 
tor of  buildings  shall  approve,  to  each  of  which  shall  be 
attached  one  or  more  lengths  of  hose  or  sprinkling  pipes,  so 
as  to  reach  every  part  of  such  stage  and  audience  room  and 
the  connections  therewith.  And  whenever  said  stage  or 
hall  shall  be  in  use,  such  stand-pipes  shall  have  the  water 
turned  on  and  a  suitable  person  stationed  at  the  hose  ready 
for  service.  Every  building  which  may  hereafter  be  built 
for  the  purposes  herein  set  forth,  shall  have  the  staircases 
connecting  with  all  floors  and  galleries  enclosed  with  fire- 
proof walls  or  partitions;  and  the  staircase  from  the  stage 
shall  be  accessible  from  every  level  of  its  appurtenances. 
The  wall  separating  the  stage  from  the  audience  room  shall 
also  be  of  fire-proof  material  from  the  level  of  the  ground 
to  the  roof,  and  all  openings  in  such  wall  shall  be  closed 
with  incombustible  shutters  or  doors,  or  curtains  which  shall 
be  lowered  at  the  close  of  each  performance. 

The  overheads  immediately  beneath  the  floors  of  the 
auditorium,  stairways  or  corridors  of  places  of  public  assem- 
bly to  be  hereafter  built,  shall  be  plastered  on  iron  laths,  or 
wire  netting,  or  protected  by  incombustible  material,  unless 


Width  of  doorways 
and  stairways. 


Exterior  exits. 


Certain  buildings 
to  have  tw-o  egress 
stairways. 


Public   assembly 
buildings. 


Overheads  to  be 
plastered. 


no 


BUILDINGS. 


Churches  exempt, 
when. 


Tenement  and   lodg- 
ing bouses. 

Act  of  1885,  Ch.  50-2. 


Sleeping   rooms. 
Ch.  502,  as  above. 


Halls. 


Fire-escapes. 
Ch.  502,  as  above. 
Roof  and  stairs. 


Ventilation. 
Ch.  502,  as  above. 


Chimneys. 
Ch.  502,  as  above. 


Regulation  by  the 
board  of  health. 

Ch.  502,  as  above. 


such  floor  be  within  three  feet  of  the  ground,  and  the  space 
thereunder  be  enclosed  by  incombustible  walls,  and  kept 
clear  of  combustible  material  or  heating  apparatus.  The 
auditoriums  of  churches  shall  be  exempt  from  these  require- 
ments :  provided,  the  premises  thereunder  be  used  for  church 
purposes  only,  and  the  heating  apparatus  be  enclosed  in  a 
room  properly  guarded  against  taking  fire. 

Sec  28.     Tenement  and  lodging  houses  shall  conform  to 
all  the  requirements  for   dwelling-houses  hereinbefore  con-- 
tained,  and  to  the  following  provisions,  viz.  : 

Every  sleeping  room  not  communicating  directly  with  the 
external  air,  shall  have  a  transom  window  at  least  three 
square  feet  in  area  over  the  door  leading  into  the  adjoining 
room,  if  such  room  communicate  with  the  external  air,  and 
also  over  the  door  leading  into  the  hall ;  where  said  room 
cannot  ventilate  into  the  hall,  it  shall  have  a  window  opening 
into  an  adjoining  room  which  communicates  with  the  hall. 
The  halls  on  each  floor  shall  have  suitable  windows,  and 
shall  not  be  obstructed  by  rooms  of  otherwise  at  the  ends, 
unless  light  and  ventilation   therefor  is  otherwise  provided. 

Every  tenement  or  lodging  house  shall  have  proper  means 
of  escape  in  case  of  fire.  The  roof  of  every  such  house 
shall  be  kept  in  good  repair,  and  no  water  therefrom  shall 
be  suffered  to  drip  to  cause  dampness  in  walls,  yard  or  area. 
Stairs  shall  have  proper  balusters  or  railings,  and  be  kept  in 
good  repair. 

Every  habitable  room  less  than  one  hundred  feet  in  area 
shall  connect  directly  with  the  external  air,  or  have  an  open 
fire-place,  or  be  provided  with  a  special  air-shaft  extending 
to  the  roof,  or  be  otherwise  properly  ventilated. 

Every  such  house  shall  have  adequate  chimneys  running 
through  every  floor,  with  an  open  fire-place  or  grate,  or 
place  for  a  stove,  properly  connected  with  one  of  said  chim- 
neys, for  every  family  and  set  of  apartments. 

The  board  of  health  may  make  such  other  regulations  for 
the  safety  and  ventilation  of  tenement  houses  as  they  may 
deem  necessary  to  protect  the  health  of  occupants,  or  the 
public  health. 


BUILDINGS.       .  Ill 

No  building  hereafter  erected,  or  portion  thereof,  shall  be     Area  of  tenement 
leased,  rented  or  occupied  as  a  lodging  or  tenement  house, 
unless  it  shall  conform  in  its  construction  and  appurtenances        ''    ''^^*  "^*' 
to  tiie   requirements   for  dwelling-houses  hereinbefore  con- 
tained, and  shall  not  be  over  three  stories  high  or  two  thous- 
and square  feet  in  area,  unless  its  exterior  walls  are  of  brick 
stone   or   concrete  ;   and    on   streets  twenty  feet  or  less  in 
width,  shall  not  be  over  thirty-five  feet  high.     No  such  house 
shall  exceed  two  thousand  square  feet  in  area,  unless  divided 
by  a  brick  wall  without  openings. 

Sec.  29.     Such    person  as    the    board   of  aldermen  may   Coai-hoies  and  side- 

,.  •      1  1  1        •        I  •  ■        r  1  walk  vaults. 

direct  IS  hereby  authorized  to  issue  permits  for  the  construc- 
tion of  coal-holes,  and  vaults  under  the  sidewalk,  upon  the 
following  conditions,  viz.  : 

The  outer  wall   next  to  the  carriage-way  or  roadway  shall    Construction  of  side- 

1  I  •  ■        1  1  •    1  1     <■  1      r  •  walk  vaults. 

be  not  less  than  thirty  inches  thick  and  formed  of  granite 
or  building  stone  laid  with  good  cement ;  and  no  part  thereof 
within  two  feet  of  the  top  of  the  edgestone  shall  project 
beyond  the  edgestone.  The  side  walls  shaU  be  at  least  one 
foot  thick  of  good  hard  brick  or  granite  blocks,  or  sixteen 
inches  thick  of  building  stone,  and  must  be  laid  in  cement 
mortar.  The  top  shall  be  formed  either  by  a  brick  arch 
turned  in  a  good  and  substantial  manner,  or  by  covering 
with  rough-hammered  granite  at  least  eight  inches  thick,  or 
bluestone  or  North  River  flagstone  at  least  six  inches  thick, 
or  iron  and  glass  similar  to  the  "  Hyatt  Light,"  as  it  is 
called,  or  with  rough  surface  iron. 

The  aperture  in  the  sidewalk  over  any  coal-hole  or  vault  Aperture  of  coai-hoie. 
shall  not  exceed  eighteen  inches  in  diameter,  and  shall  be 
covered  with  a  substantial  iron  plate  with  a  rough  surface,  or 
with  iron  and  glass  as  is  hereinbefore  provided.  The  en- 
tire construction  of  such  coal-holes  and  vaults  shall  be  sub- 
ject to  the  directions  and  supervision  of  the  inspector  of 
buildings,  or  such  person  as  the  board  of  aldermen  may 
designate.  Coal-slides  may  be  placed  in  the  sidewalks,  if  Coai-siides. 
constructed  of  at  least  eight-inch  brick  walls  laid  in  good 
cement,  and  the  hole  covered  with  a  proper,  substantial, 
rough  iron   plate. 


112 


BUILDINGS. 


Liabilities  for 
damages. 


Coal-holes  not  to  be 
left  open. 


May  be  secured  by 
inspector. 


Steam  boiler  or  fur- 
nace under  the  side- 
walk. 


Kxcavations  mav   be 
filled. 


The  owner  and  tenant  of  the  abutting  estate,  in  front  of 
which  the  coal-hole  or  vault  is  constructed,  shall  be  respon- 
sible to  the  city  for  damages  to  persons  or  property  in  con- 
sequence of  any  defect  in  the  construction  of  such  vault  or 
coal-hole,  or  for  allowing  the  same  or  any  portion  thereof  to 
remain  out  of  repair  ;  and  such  owner  and  tenant  shall  be 
required  to  keep  the  said  vault  or  coal-hole,  its  walls  and 
coverings,  in  good  order  at  all  times,  and  the  tenant  shall 
be  responsible  to  the  city  for  damages  occasioned  to  per- 
sons or  property  in  consecjuence  of  the  aperture  in  the  side- 
walk being  left  uncovered,  or  from  the  covering  thereof 
being  left  insecure  or  unfastened. 

No  person  shall  leave  such  coal-hole,  excavation  or  aper- 
ture opened  or  unfastened  after  sunset,  nor  in  the  day  time, 
unless  while  in  use  by  some  person  actually  attending  the 
same. 

Whenever  any  coal-hole  or  vault  under  any  sidewalk  or 
any  aperture  constructed  therein  shall  not  be  covered,  or 
secured  as  provided  in  the  preceding  paragraphs  of  this  sec- 
tion, or  shall,  in  the  opinion  of  the  board  of  aldermen,  be 
unsafe  or  inconvenient  for  the  public  travel,  said  board  may 
order  the  same  to  be  removed,  and  a  suitable  one  put  in  its 
place ;  and  if  the  same  shall  not  be  done  within  ten  days 
from  the  service  of  the  said  order  on  the  owner  or  tenant  of 
the  premises,  or  other  person  having  the  care  thereof,  the 
inspector  of  buildings  shall  make  such  change,  and  the  ex- 
pense thereof  shall  be  paid  by  such  owner,  tenant  or  other 
person  having  the  care  of  the  premises. 

The  owner  or  occupant  of  any  estate  may,  with  the  per- 
mission of  the  board  of  aldermen,  locate  and  use  under  the 
sidewalk  and  street  adjoining  the  same,  steam  boilers,  fur- 
naces, or  other  heating  apparatus,  but  no  explosive  sub- 
stance nor  any  inflammable  oil  shall  be  placed  or  kept, 
and  no  cesspool  or  privy  shall  be  built  or  used,  under  any 
street  or  sidewalk  ;  nor  any  excavations,  when  permitted,  be 
ventilated  into  said  sidewalk. 

Any  excavation  under  a  sidewalk  shall  be  closed  and 
filled  up  at  the  owner's  expense,  after  one  week's  notice  to 
that  efifect  given  by  the  board  of  aldermen. 


BUILDINGS. 


113 


Every  application  for  a  permit,  under  this  section,  shall 
be  made  in  writing,  and  be  signed  by  the  applicant,  and 
shall  set  forth  the  dimensions  of  the  proposed  excavation  or 
aperture,  and  the  purpose  for  which  it  is  to  be  used  ;  and 
such  excavation  or  aperture  shall  not  be  used  for  any  other 
purpose  than  that  stated  in  the  application,  without  the  con- 
sent of  the  board  of  aldermen  ;  and  such  permit  may  at  any 
time  be  revoked  by  said  board.  Every  such  applicant  will  be 
required  to  sign  an  agreement  to  conform  to  the  requirements 
of  the  conditions  upon  which  the  application  is  granted. 
Said  conditions  shall  be  printed  upon  each  permit,  and  any 
violation  of  the  same  shall  work  a  forfeiture  of  the  privi- 
lege thus  granted,  and  the  board  of  aldermen  shall  cause 
such  privilege  to  be  revoked  accordingly. 

Sec.  oO.  No  person  shall  hereafter  erect,  alter  or  en- 
large any  building  for  a  stable,  except  in  such  place  as  the 
board  of  aldermen  shall  first  approve  and  direct.  The 
supreme  court  or  any  justice  thereof,  either  in  term  time  or 
vacation,  may  issue  an  injunction  to  prevent  the  erection, 
altering,  enlarging  or  use  of  any  stable  contrary  to  the  pro- 
visions of  this  section. 

Sec.  ol.     [Repealed  by  Chapter  502  of  xA.pril  24,  1885.] 

Sec.  32.  Every  person  desiring  to  remove  a  building 
shall  make  application  to  the  inspector  of  buildings,  stating 
the  length,  width  and  height  thereof,  materials  of  exterior 
walls  and  roof,  the  place  from  and  to  which,  and  the  route 
by  which,  it  is  to  be  carried,  and  the  time  required  for  re- 
moval, and  shall  sign  an  agreement  to  make  said  building 
conform  to  the  requirements  of  law  for  a  new  building  in 
the  new  location.  The  inspector  shall  thereupon  have  said 
building  examined,  and  if  it  be  found  not  liable  to  endanger 
adjoining  property,  or  to  endanger  or  unduly  incommode 
the  public,  shall,  with  the  approval  of  the  highway  commis- 
sioners, issue  a  permit  for  its  removal. 

No  lamp  post  shall  be  disturbed  except  by  written  con- 
sent of  the  superintendent  of  lights,  and  no  tree  shall  be  cut 
except  by  written  consent  of  the  highway  commissioners. 
Damage  to  public  or  private  property  shall  be  repaired  at 
the  expense  of  the  mover. 

15 


Permits  for  use  of 
^pace  under  tlie  side- 
^valk. 


Stables. 


Removal  of   build- 
ings. 


I. amp  posts  and 
trees. 


114 


BUILDINGS. 


Lights  at  night. 


License  to  move 
building. 


Unsafe  buildings. 


Survey  of  party 
wall. 


Examination  of 
structures  reported 
unsafe. 


Whenever  and  so  long  as  any  building  or  section  of  a 
building  shall  remain  in  or  upon  a  highway,  the  person  re- 
moving the  same,  or  the  owner  thereof,  shall  by  night  keep 
a  good  and  sufficient  red  light  at  each  end  of  said  building, 
and  a  suitable  watch  about  the  same. 

No  person  shall  move  a  building  into  or  through  any 
street  without  being  licensed  for  such  business.  Licenses 
may  be  issued  by  the  inspector  to  any  suitable  person  filing 
in  his  office  an  application  therefor,  accompanied  by  a  bond 
for  one  thousand  dollars,  with  satisfactory  surety  for  com- 
pliance with  the  requirements  of  this  act ;  said  license  shall 
be  forfeited  by  any  violation  of  this  act,  and  shall  not  be  re- 
newed until  the  penalties  incurred  are  satisfied. 

Sec.  33.  Whenever  it  shall  be  proposed  to  erect  a  build- 
ing against  a  party  wall,  about  which  wall  there  shall  exist 
doubts  as  to  its  ability  to  sustain  safely  the  increased  load 
to  be  put  thereon,  the  inspector  of  buildings  shall  cause  a 
survey  to  be  made  by  three  competent  persons  —  architects, 
master-builders  or  civil  engineers  — whose  opinion  shall  be 
conclusive  as  to  the  necessity  of  rebuilding  said  party  wall ; 
and  if  said  persons  decide  that  the  said  wall  should  be  re- 
built, the  same  may  be  rebuilt,  and  the  costs  and  damages 
incident  thereto  shall  be  paid  by  the  parties  in  proportion 
to  the  benefits  received  therefrom. 

If  any  building  or  part  of  a  building,  staging,  or  other 
structure,  or  anything  attached  to  or  connected  with  any 
building,  or  other  structure,  shall  from  any  cause  be  re- 
ported unsafe,  the  inspector  of  buildings  shall  examine  such 
structure,  and  if  in  his  opinion  the  same  be  unsafe,  he  shall 
immediately  notify  the  owner,  agent,  or  other  person  having 
an  interest  in  said  structure,  to  cause  the  same  to  be  made 
safe  and  secure,  or  that  the  same  be  removed,  as  may  be 
necessary.  The  person  so  notified  shall  be  allowed  until 
twelve  o'clock,  noon,  of  the  day  following  the  service  of  such 
notice,  in  which  to  commence  the  securing  or  removal  of 
the  same ;  and  he  shall  employ  sufficient  labor  to  remove  or 
secure  the  said  building  as  expeditiously  as  can  be  done  : 
provided,  however,  that  in  a  case  where  the  public  safety  re- 
quires   immediate    action,  the  inspector    of  buildings    may 


BUILDINGS. 


115 


enter  upon  the  premises  with  such  workmen  and  assistants 
as  may  be  necessary,  and  cause  the  said  unsafe  structure  to 
be  shored  up,  taken  down,  or  otherwise  secured,  without  de- 
lay, and  a  proper  fence  or  boarding  to  be  put  up  for  the 
protection  of  passers-by. 

When    the  public    safety    does   not    demand    immediate     Survey  by  disinter- 
ested persons. 

action,  if  the  owner,  agent  or  other  party  interested  in  said 
unsafe  structure,  having  been  notified,  shall  refuse  or  neg- 
lect to  comply  with  the  requirements  of  said  notice  within 
the  time  specified,  then  a  careful  survey  of  the  premises 
shall  be  made  by  three  disinterested  persons,  one  to  be  ap- 
pointed by  the  inspector  of  buildings,  one  by  the  owner  or 
other  interested  party,  and  the  third  chosen  by  these  two, 
and  the  report  of  such  survey  shall  be  reduced  to  writing, 
and  a  copy  served  upon  the  owner  or  other  interested  party  ; 
and  if  said  owner  or  other  interested  party  refuse  or  neg- 
lect to  appoint  a  member  of  said  board  of  survey  within  the 
time  specified  in  said  last  notice,  then  the  survey  shall  be 
made  by  the  city  engineer  and  the  overseer  of  public  build- 
ings in  said  city,  and  in  case  of  disagreement  they  shall 
choose  a  third  person,  and  the  determination  of  a  majority 
of  the  three  so  chosen  shall  be  final. 

Whenever  the  report  of  any  such  survey  shall  declare  the 
structure  to  be  unsafe,  and  the  owner  or  other  interested 
person  shall  for  three  days  neglect  or  refuse  to  cause  such 
structure  to  be  taken  down  or  otherwise  be  made  safe,  the 
inspector  of  buildings  shall  proceed  to  make  such  structure 
safe  or  remove  the  same ;  and  the  costs  and  charges  shall 
become  a  lien  upon  said  estate,  to  be  collected  according  to 
the  provisions  of  Chapter  165  of  the  General  Statutes,  but 
without  prejudice  to  the  right  which  the  owner  thereof  may 
have  to  recover  the  same  from  any  lessee  or  other  person 
liable  for  repairs  :  provided,  that  nothing  herein  contained 
shall  authorize  the  recovery  by  the  lessor  of  the  lessee  of 
the  cost  which  may  have  been  rendered  necessary  through 
the  default  or  negligence  of  the  lessor,  or  through  want  of 
repair  or  defects  existing  in  said  premises  at  the  commence- 
ment of  the  lease. 


Powers  of  the 
inspector. 


116 


BUILDINGS. 


Penalty  for  not 
taking  dowii  unsafe 
structure. 


Right  of  appeal 


Right  of  the  city  to 
recover  penalties. 


Injunction, 


Buildings  which 
appear  dangerous  in 
case  of  fire. 


Upon  citation  to  the  owner  or  lessee  of  any  structure 
alleged  to  be  unsafe  by  the  inspector  of  buildings,  if  the 
owner,  or  other  interested  party,  being  notified  thereof  in 
writing,  shall  refuse  or  neglect  to  cause  said  structure  to  be 
taken  down  or  otherwise  made  safe,  said  owner,  or  other 
interested  party,  shall  forfeit  to  the  use  of  the  city,  for 
every  day's  continuance  of  said  refusal  or  neglect,  a  sum  of 
fifty  dollars.  Any  owner  or  other  interested  person  ag- 
grieved by  any  order  made  by  the  inspector  of  buildings 
under  the  provisions  of  this  section  may,  within  three  days 
after  the  service  thereof  upon  him,  apply  to  the  supreme 
court,  if  sitting  in  the  county,  or  to  any  justice  thereof  in 
vacation,  for  a  jury  trial,  and  the  court  or  justice  thereof 
shall  issue  a  warrant  for  a  jury,  to  be  empanelled  by  the 
sheriff  within  fourteen  days  from  the  date  of  the  warrant  ; 
which  jury  may  affirm,  annul  or  alter  such  order,  and  the 
sheriff  shall  return  the  verdict  to  the  court,  if  in  session,  and 
if  not  in  session  to  the  next  term  thereof,  for  acceptance, 
and  being  accepted,  it  shall  take  effect  as  an  original  order. 
If  the  order  is  affirmed,  costs  shall  be  taxed  against  the 
applicant;  if  it  is  annulled,  the  applicant  shall  recover  such 
damages  as  the  jury  may  award  him,  and  costs  against  the 
city ;  if  it  is  altered  in  part,  the  court  may  render  such 
judgment  as  to  damages  and  costs  as  justice  may  require. 

Nothing  contained  in  the  preceding  section  shall  be  con- 
strued to  bar  the  right  of  the  city  to  recover  the  penalty 
enacted  for  the  continuance  of  the  refusal  or  neglect  of  the 
owner  or  other  interested  party  to  cause  the  structure  in 
question  to  be  taken  down  or  otherwise  made  safe,  unless 
the  order  is  annulled  by  the  jury. 

In  case  the  building  or  structure  alleged  to  be  unsafe 
shall  be  in  process  of  erection,  alteration  or  repair,  the  su- 
preme court,  or  any  justice  thereof,  either  in  term  time  or 
vacation,  upon  application  may  issue  forthwith  an  injunction 
restraining  further  progress  in  the  work  on  said  building 
until  the  facts  of  the  case  shall  have  been  investigated  and 
determined  as  hereinbefore  provided. 

If  any  building  shall  appear  upon  examination  by  the 
inspector  of  buildings  to  be  especially  dangerous  in  case  of 


BUILDINGS.  117 

fire,  by  reason  of  insufficient  thickness  of  walls,  overloaded 
floors,  defective  construction,  or  other  causes,  such  build- 
ing shall  be  held  and  taken  to  be  unsafe  within  the  mean- 
ing of,  and  subject  to  all  the  provisions  of,  this  act ;  and 
the  inspector  of  buildings,  besides  proceeding  as  herein- 
before provided,  may  affix  a  notice  of  the  unsafe  character 
of  the  structure  to  a  conspicuous  place  on  the  exterior  wall 
of  said  building. 

Upon  complaint,  the  inspector  shall   examine   any  hotel.    Fire  escapes  may  be 
boarding,  lodging,  tenement  or  apartment  house,  mill,  man-  require 

ufactory,  office,  workshop  having  employees  on  any  story 
above  second  story,  or  church,  now  erected,  and  shall  re- 
quire such  building  to  be  provided  with  proper  and  sufficient 
fire-escapes,  stairways  and  exits,  constructed  as  described 
in  this  act ;  but  in  all  such  buildings,  except  factories,  mills, 
manufactories  and  workshops,  stud  partitions  already  built 
shall  be  exempt  from  the  requirements  hereof.  The  inspec-  Exemptions, 
tor  shali  further  examine  all  other  buildings  for  public  as- 
sembly, already  built,  and  also  boiler  houses  and  rooms, 
and  their  heating  apparatus,  now  built  ;  and  if  in  his  judg- 
ment the  safety  of  the  public  requires  it,  he  shall  require 
that  the  same  be  made  to  conform  to  the  provisions  of  this 
act. 

Sec.  34.     Any  wooden  building  in    the   first  district  may   Wooden  buildings  in 
be  altered  or  repaired,  subject  to  the  approval  of  the  inspec-        *^"^  district, 
tor  of  buildings,  provided  its  area  or  height  is  not  increased;   Act  of  isw.ch.  13.39, 
except,    whenever  an  old    building    shall  be   torn    down  or 
burned  to   the    extent   exceeding  one-half  of  such   building 
(such   half  to   be    measured    in    cubic   feet)  the   rebuilding 
thereof  shall  be  termed  the  erection  of  a  new  building.     No 
wooden  building  shall   be  removed   from  without  to  within 
the  first  district. 

Sec.  35.     No  wooden    building,   other    than   dwellings,    wooden  buildings  in 
coal,  or  grain   elevators,  and  ice   houses,  provided  such  ice       second  district. 
houses  are  not   located  nearer  than  seventy-five  feet  to  any   Act  of  m, ,  ch. -183, 
other  building  used  for  any  other  purpose,  shall  be  built  in 
the    second    district,  the    area  of  which    shall    exceed    two 
thousand   feet,  or  which    shall    be   more   than   thirty  feet  in 
height.     Said  area  shall  not,  however,  include  any  open  shed 


118  .  BUILDINGS. 

attached  to  any  building,  nor  shall  said  height  include  any 
ventilator,  stairway,  bulkhead,  or  church  spire  :  provided, 
howeTer,  that  all  such  sheds,  ventilators,  bulkheads,  and 
spires  shall  have  their  roofs  covered  with  incombustible  ma- 
terial. All  wooden  buildings,  except  coal  or  grain  elevators 
and  wooden  buildings  built  on  wharves,  piers,  or  bulkheads, 
if  built  within  five  feet  of  an  adjoining  lot  line,  or  an  ad- 
joining building,  shall  have  the  external  wall,  on  such  side 
or  sides,  built  of  brick  at  least  eight  inches  thick,  or  the  space 
between  the  studding  filled  in  flush  full  with  brick  and  mor- 
tar, or  some  other  equally  incombustible  material :  provided, 
that  in  that  portion  of  the  city  which,  previous  to  the  passage 
Tune  13  1894        °^  Chapter  1389  of  the  public  laws,  was  not  included  in  the 

See  Sec  4  a  e  90  building  districts  of  said  city,  this  provision  shall  not  apply 
to  dwelling  houses  constructed  within  five  feet  of  an  adjoin- 
ing lot  line,  when  no  building  exists  upon  such  adjoining 
lot  within  ten  feet  of  the  proposed  dwelling  house.  Party 
walls  or  division  walls  between  adjoining  houses,  thirty-five 
feet  or  more  in  height,  shall  be  of  brick  not  less  than  twelve 
inches  thick  to  the  top  of  the  second  floor  above  the  street 
and  eight  inches  thick  for  the  remaining  height ;  such  walls 
less  than  thirty-five  feet  in  height  may  be  eight  inches  thick 
for  the  eptire  height.  Doorways  may  be  cut  through,  or 
built  in  said  walls,  upon  application  to,  and  a  permit  from, 
the  inspector  of  buildings  :  provided,  that  no  doorway  shall 
be  cut  through  or  built  in  any  such  wall  in  any  building 
used  for  a  hotel,  lodging,  or  tenement  house,  or  for  the 
storage  of  inflammable  or  dangerous  materials.  Every  such 
doorway  shall  be  provided  with  tin  covered,  self-closing 
doors,  satisfactory  to  the  inspector  of  buildings.  Upon 
proof  being  shown  that  said  doors  are  in  any  manner  pre- 
vented from  operating  as  intended,  said  inspector  shall  have 
the  power  to  revoke  said  permit,  and  said  doorway  shall  be 
filled  up  with  brick  and  mortar  or  some  similar  material. 
In  dwelling  houses  the  brick  wall  shall  be  built  up  to  the 
roof  covering,  which  shall  be  laid  and  imbedded  in  mortar  or 
cement  upon  said  wall. 
Fire-stops  and  Sec.  3(».     Every  brick  building  and  all  wooden  buildings, 

smoke-stops.        exccpt  dwelling  houses,  in    the  second   district,  shall   have 

^'"'"".Sec'.Si!'^^^^'   a  fire-stop  of  incombustible  material  at  each  floor,  from  the 


BUILDINGS. 


11' 


bottom  of  the  floor  joist  to  three  inches  above  the  top  of 
the  same.  Said  fire-stop  at  each  floor  shall  fill  the  spaces 
full  between  the  studding  and  furring  entirely  around  the 
external  walls  of  the  building  and  through  the  interior  where- 
ever  the  floor  joists  have  a  bearing.  All  dwelling  houses  in 
the  second  district  shall  have  a  fire-stop  similar  to  the  above 
at  the  first  floor.  Said  dwelling  houses  at  each  floor  above 
the  first  shall  have  a  smoke-stop  of  wood  the  full  depth  of 
studding  and  not  less  than  two  inches  thick.  An  incombus- 
tible fire-stop  shall  be  put  around  all  vertical  piping  at  each 
floor.  All  ventilating  ducts  or  pipes  shall  be  of  incombus- 
tible material.  No  building  shall  be  covered  by  lathing, 
sheathing  or  otherwise  until  the  inspector  of  buildings  has 
by  examination  ascertained  that  said  building  is  in  com- 
pliance with  the  above  provisions.  Said  inspector  shall  be 
notified  by  the  owner  or  duly  authorized  agent,  or  by  the 
builder,  whenever  any  building  is  ready  for  inspection. 

Sec.  37.  In  all  cases  where,  by  the  provisions  of  this 
act,  notice  is  required  to  be  given,  such  notice  shall  be 
served  by  posting  a  written  or  printed  copy  thereof  on  the 
premises  concerned,  and  either  leaving  a  duplicate  copy 
thereof  at  the  usual  place  of  abode  of  the  party  interested, 
if  within  the  city,  or  by  mailing  such  duplicate  in  a  regis- 
tered letter  to  the  usual  address  of  said  party,  if  residing 
without  the  city,  or  publishing  the  said  notice  for  three  suc- 
cessive days  in  the  newspapers  employed  to  do  the  city 
printing.  Any  notice  served  upon  the  architect  or  other 
duly  authorized  agent  in  charge  of  any  building  or  estate, 
shall  be  binding  upon  the  owners  thereof. 

Any  person  violating  any  provision  of  this  act  wherein  no 
penalty  is  herein  otherwise  prescribed,  shall  be  fined  twenty 
dollars  for  every  violation  thereof,  and  shall  be  fined  not 
exceeding  twenty  dollars  for  each  day's  continuance  of  the 
said  violation  after  the  service  of  the  warrant  issued  upon 
the  first  complaint. 

The  supreme  court  in  term  time,  or  any  justice  thereof  in 
vacation,  may  restrain  by  injunction  any  violation  of  this 
act,  and  may,  according  to  the  course  of  equity,  secure  the 
fulfillment  and  execution  of  the  provisions  thereof. 


Notices,  how  to  be 
served. 


Penalty. 


Injunctions. 


120 


BUILDINGS. 


Fines  to  be  paid  into 
city  treasury. 

Inconsistent  acts 
repealed. 


Fines  recovered  for  the  violation  of  any  of  the  provisions 
of  this  act  shall  be  paid  into  the  city  treasury. 

Sec.  38.  All  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 


Chapter  1406 

of   Mav  17.  ISOr). 


Notice  of  intention 
to  build. 


Definition  of  street 
line  and  grade. 


Permit  to  build. 


AN  ACT  IN  ADDITION  TO  CHAPTER  688  OF  THE  PUBLIC 
LAWS,  PASSED  AT  THE  JANUARY  SESSION,  A.  D.,  1878, 
ENTITLED  "AN  ACT  IN  RELATION  TO  BUILDINGS  IN 
THE  CITY  OF  PROVIDENCE  AND  FOR  OTHER  PUR- 
POSES." 


Section 

1.  Notice  of  intention  to  build. 

2.  .Street  line  and  grade  to  be  defined. 
.3.  Permit  to  build. 


Section 

4.  Obstructions     in    street    prohibited ; 

penalty. 

5.  Operative  clause. 


It  is  enacted  by  the  General  Assembly  as  follotus  : 

Section  1.  Every  person  intending  to'erect  any  building 
or  other  permanent  structure  within  ten  feet  of  any  street  or 
highway  in  said  city,  whether  said  street  or  highway  is  duly 
received  by  said  city  or  otherwise  dedicated  to  public  use,  or 
to  alter  the  location  of  the  external  wall  of  any  existing 
building,  which  wall  is  in  like  proximity  to  such  street  or 
highway,  shall,  six  days  before  proceeding  to  build  or  to 
alter  the  location  of  such  external  wall,  and  before  taking 
out  a  permit  for  the  same,  file  in  the  office  of  the  city  en- 
gineer a  written  notice  of  such  intention,  stating  the  use 
and  location  of  the  structure  as  proposed. 

Sec.  2.  The  city  engineer  shall,  within  five  days  after 
receiving  the  notice  specified  in  the  foregoing  section,  pro- 
ceed to  mark  out  and  define  the  street  line  adjacent  to  the 
proposed  structure,  if  such  line  can  be  accurately  deter- 
mined. He  shall  also,  within  the  said  time,  mark  the  grade 
of  the  adjacent  street  if  such  grade  has  been  duly  estab- 
lished or  defined,  and  shall  make  such  return  of  said  mark- 
ing of  line  and  grade  to  the  inspector  of  buildings  as  shall 
be  necessary  for  said  inspector's  information. 

Sec.  3.  The  inspector  of  buildings  shall  not  issue  any 
permit  for  building  until  he  is  satisfied  that  the  applicant 
has  complied  with    the  provisions  of  the  foregoing   section. 


BUILDINGS. 


121 


Sec.  4.     No  peison  shall  obstruct  any  street  in  said  city,    obstructions  in  street 

prohibited. 

or  any  part  thereof,  by  building  or  placing  therein  any  tem- 
porary or  permanent  structure,  or  any  portion  of  such  struc- 
ture, except  in  conformity  with  the  provisions  of  said 
Chapter  088  of  the  public  laws,  and  of  the  acts  in  amend- 
ment thereof,  and  in  addition  thereto.  Any  person  thus 
obstructing  any  street  as  aforesaid,  or  aiding  or  assisting 
therein,  shall  be  fined  twenty  dollars  for  every  such  obstruc-  Penalty, 

tion,  and  shall  also  be  fined  not  exceeding  twenty  dollars 
for  each  day  that  such  obstruction  shall  continue. 

Sec.  5.     All  acts  and  parts  of  acts  inconsistent  herewith      Operative  clause. 
are  hereby  repealed,  and  this  act  shall  take  effect  from  and 
after  its  passage. 


AN  ACT  IX  AMENDMENT  OF  CHAPTER  68S  OF  THE 
PUBLIC  LAWS  ENTITLED  "AN  ACT  IN  RELATION  TO 
BUILDINGS  IN  THE  CITY  OF  PROVIDENCE  AND  FOR 
OTHER  PURPOSES,"  AND  THE  SEVERAL  ACTS  IN 
AMENDMENT  THEREOF  AND  IN  ADDITION  THERETO. 


Chapter  636 

of  March  .-J.IW)!!. 


Section 

1.  Shelters  over  sidewalks. 


Section 
'2.  Operative  clause. 


//  is  enacted  by  the  Genetal  Assembly  as  folloius  : 

Section  1.  The  board  of  aldermen  of  the  city  of  Provi- 
dence is  hereby  authorized  at  any  time  in  its  discretion  to 
permit  the  owner  or  owners  of  any  estate  and  building 
thereon  which  abuts  on  any  public  street  or  highway  to  con- 
struct and  maintain  a  shelter  from  such  building  over  the 
sidewalk  abutting  on  such  estate,  and  support  the  same 
by  posts  or  other  supports  set  upon  or  next  to  the  curbstone 
in  such  sidewalk  :  provided,  that  every  part  of  such  shelter 
except  such  posts  or  supports  shall  be  at  least  nine  feet 
above  such  sidewalk ;  and  provided,  that  with  the  applica- 
tion for  such  permit  shall  be  filed  a  plan  and  specifications 
of  such  shelter,  which  shall  be  referred  by  said  board  of 
aldermen  to  the  inspector  of  buildings  of  said  city,  who 
shall  approve  the  same  before  the  granting  of  any  such  per- 
mit. In  case  such  permit  shall  be  granted  the  work  shall 
k; 


.shelters  over  side- 
walks. 


122 


BUILDINGS. 


Operative  clause. 


be  done  under  the  inspection  of  said  inspector.  Said  board 
of  aldermen  may  at  any  time  in  its  discretion  revoke  any 
such  permit  and  order  any  such  shelter  to  be  removed  by 
the  owner  or  owners  of  such  estate,  and  in  case  of  their 
failure  to  remove  the  same  within  three  days  after  notice 
given  in  the  manner  provided  in  said  Chapter  688  and  the 
acts  in  amendment  thereof  and  in  addition  thereto,  the  com- 
missioner of  public  works  of  said  city  shall  cause  the  same 
to  be  forthwith  removed. 

Sec.  2.     This  act  shall  take  effect  from  and  after  its  pas- 
sage. 


General  Laws 

Chapter  108. 


OF    PROTECTION    TO     LIFE    FROM    FIRE    IN    CERTAIN 
BUILDINGS. 


Section 

1..  Fire  escapes. 

2.  Inspector  of  buildings. 

3.  Duties  of  the  inspector. 

4.  Fire  escapes  may  be  required. 

5.  Exemptions. 

6.  Certificate   of   compliance  with  law  ; 

certificate  may  be  revoked. 

7.  Right   of   entry  by  owner  on  leased 

premises. 

8.  Liability  of  owner. 


Section 

9.  Penalty  for  non-compliance. 

10.  Board  of  appeal. 

11.  Appeals,  how  taken. 

12.  Appeals,  how  heard. 

13.  Inspector's    neglect   to    be    deemed 

refusal. 

14.  Costs  of  appeal. 

15.  Elevators. 

16.  Guards  and  gates  ;  inspection. 


F'ire- escapes. 


Section  1.  Every  building  three  or  more  stories  in 
height,  now  or  hereafter  used  wholly  or  in  part  as  a  sem- 
inary, college,  academy,  school  house,  hospital,  asylum, 
hotel,  lodging-house  for  the  accommodation  of  transient 
guests,  factory  or  workshop  in  which  employees  are  usually 
working  in  the  third  or  any  higher  story  thereof,  and  every 
building  used  for  office  purposes  three  or  more  stories  in 
height,  shall  be  provided  by  the  owner  or  owners  thereof 
either  with  proper  and  sufficient,  strong  and  durable,  metal- 
lic fire-escapes  upon  the  external  walls,  sufficient  in  number, 
which  fire-escapes  shall  extend  from  the  highest  occupied 
story  to  the  top  of  the  first  story  of  said  building,  or  with 
proper  and  sufficient  incombustible  stairs  and  stairways  at 
opposite  ends  of  the  building,  extending  from  the  highest 
occupied    story  to    the  ground  ;  said    stairs    and   stairways 


BUILDINGS. 


123 


Inspector  of 
buildings. 

See  Section  6, 
page  91. 


shall  be  connected  by  open  passageways  of  suitable  width; 
said  fire-escapes,  stairs,  and  stairways  to  be  suitable  and 
sufficient  to  afford  to  persons  within  said  building  proper 
egress  from  said  building  in  case  of  fire  therein,  and  to  be 
kept  in  repair  by  said  owner  or  owners. 

Sec.  2.  The  town  councils  of  the  several  towns  through- 
out the  state,  and  the  mayors  of  the  several  cities,  except 
in  the  city  of  Providence,  shall  annually  in  the  month  of 
January  elect  an  inspector  of  buildings,  who  shall  be  paid 
such  amount  for  his  services  as  shall  be  determined  by  the 
town  or  city  council  electing  him. 

Sec.  3.  It  shall  be  the  duty  of  the  inspectors  of  build-  Duty  of  inspector. 
ings  of  the  city  of  Providence  and  of  the  other  cities  and 
towns,  from  time  to  time  as  may  be  necessary,  to  make  a 
careful  and  thorough  inspection  of  all  buildings  in  the  city 
or  town  for  which  they  shall  be  elected,  which  in  their 
opinion  might,  by  reason  of  the  height  thereof,  character,  or 
number  of  stairways,  number  of  persons  ordinarily  therein, 
or  at  work  therein,  nature  of  use  of  said  buildings,  nature 
of  the  industries  or  occupations  carried  on  therein,  or  for 
any  other  reason,  be  specially  dangerous  to  persons  therein 
in  case  of  conflagration  in  said  buildings. 

Sec.  4.  In  case  any  other  building  than  those  in  the  Fire-escapes  may  be 
first  section  hereof  specifically  mentioned,  other  than  pri- 
vate dwelling-houses  not  more  than  two  and  one-half  stories 
high,  occupied  by  one  family,  in  the  opinion  of  the  inspector 
of  buildings  for  the  town  or  city  in  which  said  building  is 
situated,  shall  require  fire-escapes  or  stairs  and  stairways  as 
hereinbefore  provided,  said  inspector  shall  in  writing  notify 
and  require  the  owner  or  owners  thereof,  within  sixty  days 
from  the  receipt  of  said  notice,  to  provide  said  building 
with  such  fire-escapes  or  stairs  and  stairways  ;  and  in  such 
case  it  shall  be  the  duty  of  said  owner  or  owners  to  comply 
with  said  notice.  Said  inspector  shall  deposit  with  the  city 
or  town  clerk  for  said  town  or  city  a  true  and  certified  copy 
of  such  notice,  to  be  kept  on  file  by  said  town  or  city  clerk. 

Sec.  5.  Said  inspectors  of  buildings  shall  have  power 
within  their  respective  towns  and  cities,  upon  the  applica- 
tion in  writing  of   any   owner   or  owners  of   any  building  in 


required. 


Exemptions. 


124 


BUILDINGS. 


Certificate  of  com- 
pliance with  law. 


Certificate  may  be 
revoked. 


said  town  or  city,  setting  forth  specific,  just  and  true  rea- 
sons wliy  said  building  should  be  exempted  from  the  pro- 
visions of  this  chapter,  to  exempt  by  written  certificate,  set- 
ting forth  the  reasons  therefor,  any  building  from  the  pro- 
visions of  this  chapter,  whenever,  in  tiie  opinion  of  said 
inspector  said  building,  by  reason  of  location,  special 
features  of  construction,  or  for  any  other  reason,  does  not 
require  said  fire-escapes  or  said  stairs  and  stairways  :  pro- 
vided, however^  that  such  written  application,  together  with 
a  duly-certified  copy  of  such  certificate  of  exemption,  shall 
by  said  inspector  be  deposited  with  the  city  or  town  clerk 
for  said  city  or  town,  to  be  kept  on  file  by  said  city  or  town 
clerk  ;  and pfvvided further,  XhzX  such  exemption  may  at  any 
time  be  revoked  by  the  inspector  of  buildings  of  said  city  or 
town  upon  thirty  days'  notice  in  writing  to  the  owner  or 
owners  of  said  building. 

Sec.  6.  Whenever  the  inspector  of  buildings  for  any  city 
or  town  shall  upon  inspection  be  satisfied  that  any  building 
in  said  town  or  city  is  provided  with  fire-escapes  or  with 
stairs  and  stairways,  in  accordance  with  the  provisions  of 
this  chapter,  he  shall  upon  request  of  any  owner  of  said 
building  give  to  such  owner  a  certificate  to  that  effect,  and 
shall  deposit  a  certified  copy  thereof  in  the  office  of  the  city 
or  town  clerk  for  said  city  or  town,  to  be  kept  on  file  by 
said  city  or  town  clerk.  Such  certificate,  including  any  un- 
expired certificate  heretofore  issued,  shall  exempt  the  own- 
ers of  said  building  from  all  civil  and  criminal  liability 
under  this  chapter  until  revoked  as  hereinafter  provided  : 
provided,  ho-ivever,  that  such  certificate  may  be  at  any  time 
revoked  by  the  inspector  of  buildings  for  said  town  or  city, 
by  notice  in  writing  to  such  owner  to  whom  said  certificate 
may  have  been  issued,  and  by  filing  a  copy  of  said  notice 
of  revocation  with  the  said  city  or  town  clerk,  to  be  by  said 
city  or  town  clerk  kept  on  file  ;  and  provided  further,  that  in 
case  said  building  shall  be  materially  changed  or  altered  in 
form  or  use,  then  such  certificate  shall  be  utterly  void  and 
of  no  effect.  It  shall  be  the  duty  of  the  several  city  and 
town  clerks  to  receive  and  keep  on  file  the  notices  and  cer- 
tificates provided  for  in  this  chapter. 


BUILDINGS. 


125 


Sec.  7.  The  owner  or  owners  of  any  building  or  prem- 
ises under  lease,  and  their  serv^ants  and  agents,  may  enter 
upon  such  leased  building  or  premises  for  the  public  wel- 
fare, for  the  purpose  of  making  said  building  conform  with 
the  provisions  of  this  chapter,  and  may  remain  thereon  dur- 
ing such  time  as  may  reasonably  be  required  for  the  per- 
formance of  such  work  as  may  be  necessary  to  effect  said 
purpose,  interfering  with  the  lessee  no  more  than  may  be 
necessary. 

Sec,  8.  In  all  cases  in  which  any  person  shall  suffer 
injury,  or  in  w'hich  the  death  of  any  person  shall  ensue,  in 
consequence  of  the  failure  of  the  owner  or  owners  of  any 
building  to  provide  the  same  with  fire-escapes  or  stairs  and 
stairways,  as  required  by  the  provisions  of  this  chapter,  or 
in  consequence  of  the  failure  of  said  owner  or  owners  to 
comply  with  the  written  notice  and  requirement  of  any  in- 
spector of  buildings,  when  made  in  conformity  to  the  pro- 
visions of  this  chapter,  such  owner  or  owners  shall  be 
jointly  and  severally  liable,  to  any  persons  so  injured,  in  an 
action  of  trespass  on  the  case  for  damages  for  such  injury  ; 
and  in  case  of  death  such  owner  or  owners  shall  be  jointly 
and  severally  liable  in  damages  for  the  injury  caused  by  the 
death  of  such  person,  to  be  recovered  by  action  of  trespass 
on  the  case,  in  the  same  manner  and  for  the  benefit  of  the 
same  persons  as  is  provided  in  sections  fourteen  and  fifteen 
of  chapter  two  hundred  thirty-three ;  which  action,  when 
the  owners  are  non-residents,  may  be  commenced  by 
attachment.  It  shall  be  no  defence  to  said  action  that  the 
person  injured,  or  whose  death  ensued  as  aforesaid,  had 
knowledge  that  any  such  building  was  not  provided  with 
fire-escapes  or  stairs  and  stairways  as  required  by  the  pro- 
visions of  this  chapter,  or  that  such  person  continued  to 
to  work  in  or  occupy  said  building  with  said  knowledge. 

Sec.  9.  The  owner  or  owners  of  any  building,  or  in  case 
such  owners,  or  any  of  them,  be  non  compos  mentis,  or  a 
minor,  the  guardian  of  any  such  owner,  or  in  case  such 
owners,  or  any  of  them,  be  non-resident,  the  agent  of  any 
such  owner  having  charge  of  such  property,  who  shall  neg- 
lect or  fail  to  comply  with  the   foregoing  provisions   of   this 


Right  of  entry  by 
owner  on  leased 
premises. 


Liability  of  owner. 


Penalty  for  non- 
compliance," 


126 


BUILDINGS. 


chapter  shall  be  fined  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars.  In  case  there  shall  be  sev- 
eral owners  of  any  building  which  shall  be  continued  in 
violation  of  said  provisions  of  this  chapter,  proceedings  may 
be  had  against  any  or  all  of  them  jointly,  or  against  any 
one  of  them,  for  the  recovery  of  such  fine. 
Board  of  appeal.  Sec.  10.     The   mayor  of   each  of  the   cities  in  the   state 

shall,  in  the  month  of  April,  in  the  year  eighteen  hundred 
ninety-seven,  and  in  the  month  of  April  in  each  third 
year  thereafter,  appoint  three  competent  men,  two  of  whom 
at  least  shall  be  an  architect  or  master-mechanic,  as  a  board 
of  appeal  from  the  actions  or  decisions  of  the  inspector  of 
buildings  in  such  city,  as  hereinafter  provided,  to  hold  their 
offices  for  three  years,  and  until  others  are  appointed  and 
qualified  in  their  stead  ;  and  any  two  members  of  such 
board  for  the  time  being  shall  form  a  quorum  for  the 
transaction  of  its  business  ;  and  any  vacancy,  from  any 
cause,  may  be  filled  by  the  mayor  at  any  time,  or  from  time 
to  time,  as  occasion  may  require.  And  in  the  several  towns 
of  the  state,  the  town  council  shall  constitute  such  board  of 
appeal  from  the  inspector  of  buildings  of  the  town. 

Appeals,  how  taken.  Sec.  11.  Any  persou  aggrfcvcd  by  the  refusal  of  the 
inspector  of  buildings  to  give  his  certificate  of  exemption 
under  section  five,  or  his  certificate  of  compliance  with  the 
provision  of  this  chapter  under  section  six,  of  this  chapter, 
may  appeal  therefrom  to  such  board  of  appeal,  in  the  city 
or  town  of  such  inspector,  by  filing  with  such  inspector, 
within  three  days  thereafter,  written  notice  of  such  appeal, 
and  by  filing  with  the  city  or  town  clerk,  within  three  days 
after  such  notice,  his  reasons  of  appeal  in  writing,  speci- 
fying the  subject  matter  of  such  appeal,  and  paying  to  the 
clerk  fifty  cents  for  filing  the  same. 

Appeals,  how  heard.  Skc.  12.  Upon  the  filing  of  such  reasons  of  appeal,  the 
clerk  shall  enter  the  name  of  the  appellant,  with  a  general 
description  of  the  building  and  its  location  referred  to 
therein,  in  a  book  to  be  by  him  kept  for  that  purpose  ;  and 
shall  thereupon,  pursuant  to  such  general  rules  as  may  be 
adopted  by  the  board  of  appeal  regulating  their  proceed- 
ings, or,  in  the  absence  of  such   rules,  by  his  special  order 


BUILDINGS.  127 

of  which  spedal  order  he  shall  immediately  give  notice  to 
the  members  of  the  board,  fix  a  time  and  place  for  hearing 
such  appeal,  and  shall  endorse  the  same  in  writing  upon 
such  reasons  of  appeal  ;  and  the  parties  thereto  and  the 
inspector  shall  be  bound  to  take  notice  thereof.  And  at  the 
time  and  place  so  fixed,  or  at  any  adjournment  thereof,  such 
board  of  appeal,  after  hearing  such  of  the  parties  as  see  fit 
to  attend,  and  their  allegations  and  evidence,  and  after  in- 
specting the  premises,  shall  make  their  determination  in 
respect  thereof  in  writing,  to  be  filed  with  such  clerk  ;  and 
such  determination  shall  be  final,  and  the  clerk's  certificate 
of  such  determination  shall  have  the  same  effect,  for  all 
purposes  of  this  chapter,  as  if  given  by  such  inspector  at 
the  time  of  the  application  to  him  for  the  same.  And 
if  such  appeal  shall  be  from  the  inspector's  refusal  to  give 
his  certificate  of  exemption  or  compliance  aforesaid,  and 
such  board  of  appeal  shall  concur  in  such  refusal,  they 
shall  then  also  determine  what  they  require  to  be  done  to 
entitle  the  appellant  to  such  certificate  ;  and  upon  the  ap- 
pellant's compliance  with  such  requirement,  such  certificate 
shall  be  issued  to  him  by  such  inspector. 

Sec.  13.     The  inspector's  neglect   to   give  his  certificate,     inspector's  neglect 
and  file  a  copy  of  the  same  with  the  city  or  town  clerk  within    '"  ^^  deemed relusai. 
three   days    after    application  or   request   made    to  him  as 
provided   in   sections  five  and  six  of  this  chapter,  shall  be 
deemed  a  refusal  to  give  the  same  for  the  purposes  of  such 
appellate  proceedings. 

Sec.  11.  Said  board  of  appeal  shall  be  paid  by  the  city  costs  of  appeal. 
or  town  such  compensation  for  their  services  as  shall  be 
fixed  by  ordinance  of  the  city  or  town  council.  And  the 
appellant  in  each  case  who  fails  to  obtain  relief  upon  his 
appeal  shall  pay  to  the  city  or  town  such  reasonable  costs 
and  charges  thereof  as  the  board  of  appeal  shall  tax  or 
determine  against  him.  Nothing  contained  in  this  chapter 
shall  be  construed  to  relieve  any  person  or  any  corporation 
from  any  liability  now  existing  by  virtue  of  the  provisions 
of  this  chapter,  during  the  pendency  of  any  appeal,  unless 
said  board  of  appeal  shall  reverse  the  decision  of  said 
inspector. 


128 


BUILDINGS. 


Elevators. 


Guards  and  gates 


Inspection  of 
elevators. 


Sec.  15.  Every  elevator  used  for  conveying  persons 
or  goods  from  one  story  to  another  of  any  building,  the 
well  of  which  elevator  is  not  so  protected  as  to  be  in- 
accessible from  without  while  the  elevator  is  moving,  shall 
have  attached  to  it  some  suitable  mechanical  appliance 
which  shall  give  automatically,  at  all  times,  on  every  floor 
of  said  building  which  it  approaches,  a  distinct,  audible 
warning-signal  that  said  elevator  is  in  motion. 

Sec.  16.  All  hoistway  and  elevator  openings  through 
floors  where  there  is  no  shaft,  shall  be  protected  by  suffi- 
cient railings,  gates,  trap-doors,  or  other  mechanical  devices 
equivalent  thereto,  and  the  same  shall  be  kept  closed  in  the 
night  time  or  when  not  in  use.  Every  passenger  elevator, 
except  plunger-elevators,  shall  be  provided  with  some  safety- 
arrangement  to  prevent  falling,  and  every  passenger  elevator 
shall  be  fitted  with  some  mechanical  device  to  prevent  the 
elevator-car  from  being  started  until  the  door  or  doors 
opening  into  the  elevator-shaft  are  closed  ;  and  no  person 
under  the  age  of  eighteen  years  shall  take  charge  of  or 
operate  any  passenger  elevator.  It  shall  be  the  duty  of 
every  inspector  of  buildings  elected  or  empowered  under 
the  provisions  of  this  chapter  to  inspect  all  elevators  in 
every  building  within  his  jurisdiction,  and  he  shall  notify 
of  any  violation  of  this  and  the  preceding  section,  and  re- 
quire the  owner,  or  some  one  of  the  owners  of  said  build- 
ing, within  thirty  days  after  the  receipt  of  such  notice,  to 
comply  with  the  provisions  of  said  sections  ;  and  it  shall  be 
the  duty  of  said  owner  or  owners  to  comply  with  such  re- 
quirement. 


129 


ELECTIONS. 


OF  CANVASSING  THE  RIGHTS  AND  CORRECTING  THE     Qgpgfgj  Lg^g 
LISTS    OF   VOTERS. 


Chapter  8. 


Section 

'J2.  Board  of  canvassers  and  registra- 
tion; election  and  term  of  office. 

23.  Canvassing  and  registration  of  the 
voters,  and  preparation  of  tlie  vot- 
ing lists. 


Section 

24.  Organization  ;     canvass     meetings  : 

quorum. 

25.  Registration. 

26.  Returns. 

27.  Powers,  duties  and  penalties. 


office. 
Act  of  1895,  Ch.  1405. 


Section  22.     In   the  city  of   Providence  there  shall  be  a     Hoard  of  canvassers 
board   of   canvassers  and  registration   consisting  of    three       ^"  ''^sistration. 
members,   each  of  whom,  hereafter  elected,  shall   hold  his   Election  ^nd  term  of 
office  for  the  term  of  three  years  from  the  date  of  his   elec- 
tion and  until  his  successor  is  elected  and  qualified.     One 
member  of   said  board  shall  be  elected  by  the  city  council 
in  joint  convention   on  the  first   Monday  in  March  in   each 
year.     In   case  any   person   elected  as   a    member  of   said 
board    shall  decline    to    serve   or    neglect    to   qualify,  or  a 
vacancy  shall  occur  in  said  board  for  any  cause,  said  office 
or  vacancy  shall  be  filled  by  the  city  council  in  like  manner 
for  the  term  of   said  office  or   unexpired   term.     The  mem- 
bers of  said  board  shall  receive  such   compensation  as  the 
city  council  shall  determine. 

Sec.  23,  Said  board  shall  have  charge  of  and  receive 
the  registration  of  persons  entitled  by  law  to  vote  in  said 
city  upon  being  registered,  and  shall  prepare  the  voting 
lists  of  all  persons  qualified  to  vote,  for  the  several  wards 
and  districts  in  said  city,  and  shall  correct,  add  to,  classify, 
canvass,  post,  publish  and  deliver  the  same,  and  perform 
all  the  other  duties  required  by  law  of  city,  ward  and  dis- 
trict clerks,  and  boards  of  canvassers  in  cities,  in  relation  to 
said  registration  and  the  other  matters  within  the  purview 
of  chapters  seven  and  eight. 
17 


Canvassing  and 
registration. 

Act  of  1895,  Ch.  1405. 


130 


ELECTIONS. 


Organization. 
Act  of  1895,  Ch.  1-105 


Canvass   meetings. 


Quorum. 

Registration. 
Actof  1895,  Cli.  140.-) 


Returns. 
Actof  1895.Cb.  140.J. 


Powers,  duties  and 
penalties. 


Stc.  24.  Said  board  shall  elect  one  member  as  presiding 
officer  and  one  member  as  clerk  thereof,  who  shall  perform 
all  the  duties  of  presiding  officers  and  clerks  of  boards  of 
canvassers  respectively,  and  said  beard  shall  have  an  office 
in  said  city  which  shall  be  open  for  the  purposes  of  regis- 
tration at  the  times  required  by  law,  and  on  each  other  secular 
day  that  the  board  is  not  elsewhere  engaged  in  the  perform- 
ance of  their  duties  hereunder.  Said  board  shall  hold  at  least 
one  canvass  meeting  in  each  ward  prior  to  each  general 
election,  and  such  meetings  maybe  held  in  any  two  or  more 
wards  at  different  hours  on  the  same  day,  or  all  may  be  held 
on  different  days,  and  said  board  shall  hold  their  las't  meet- 
ing prior  to  any  general  or  special  election  to  canvass  the 
voting  lists  of  all  the  wards  and  districts  of  said  city  at  said 
office,  or  at  such  other  place  in  said  city  as  said  board  shall 
from  time  to  time  designate,  at  the  time  now  or  hereafter 
provided  by  law  ;  and  any  canvass  meeting  required  by  law 
to  be  held  at  a  stated  time  shall  be  held  by  said  board  at 
said  office  or  such  other  place  designated  as  aforesaid.  Said 
board  may  meet  and  canvass  the  voting  lists  of  any  ward 
or  wards  in  any  such  ward  or  wards  or  at  said  office  or 
other  place  designated  as  aforesaid,  at  any  convenient  time 
or  times  on  the  same  day  or  different  days,  not  inconsistent 
with  the  foregoing  provisions.  One  member  of  said  board 
shall  be  a  quorum  for  the  purpose  of  receiving  registration, 
and  two  members  shall  constitute  a  quorum  for  all  purposes. 

Sec  25.  Every  person  who  is,  or  within  a  year  may  be, 
qualified  to  vote  upon  being  registered  in  said  city,  shall  go 
to  said  board  instead  of  to  the  city  clerk,  and  register  his 
name  within  the  same  time,  in  the  same  manner,  and  with 
the  same  effect,  as  provided  by  law  relative  to  registration 
with  city  clerks. 

Sec  26.  All  returns  or  other  things  required  by  law  to 
be  made  or  furnished  to  or  by  city  clerks,  boards  of  can- 
vassers, and  ward  or  district  clerks,  relative  to  the  matters 
within  the  purview  of  chapters  seven  and  eight,  shall  be 
made  and  furnished  to  and  by  said  board. 

Sec  27.  Said  board  shall  have  all  the  powers,  duties 
and  obligations,  and  the  members   thereof  in  their  several 


ELECTIONS. 


131 


capacities  shall  be  individually  liable  to  the  same  fines,  pen-   Actof  i895,ch.i405. 

alties  and  forfeitures  provided  by  law,  as  city  clerks,  boards 

of  canvassers  and  clerks   of  boards  of  canvassers,  relative 

to    the  matters  within  the  purview  of  chapters  seven  and 

eight. 


AN  ACT  MAKING    THE    BOARD    OF    CANVASSERS    AND     QhgnfQf  3g3 
REGISTRATION    OF    THE    CITY    OF    PROVIDENCE     A 
RETURNING  BOARD  IN  SAID  CITY. 


of   May  14,  l.SOli. 


Section 

1.  Board  of  canvassers  to  count  bal- 
lots in  municipal  elections  and  de- 
clare the  result. 

'2.  Manner  of  counting ;  record  and 
certificate  of  count  ;  certificates  of 
election ;  new  elections. 

3.  Returns  by  election  officers ;  penal- 
ties. 


Section 

4.  Powers  of  board  of  canvassers  ;  per- 

jury. 

5.  Accountability  for  fees ;  voting  lists 

to   be    furnished  ;    salaries ;    clerks 
and  their   compensation. 

6.  Operative  clause. 


/f  is  enacted  by  the  General  Assefubly  as  follotvs  : 

Section  1.     The  board  of  canvassers  and  registration  of      Board  of  canvassers 
the  city  of  Providence,  in  addition  to  the  duties  now  incum-  co\uit'^'banoTs"cast  in 
bent  upon  them  by  law,  hereafter  shall  count  all  ballots  cast  a^Tdeciare  result?"^ 
at  any  election  in  said  city,  and   determine  and  declare  the 
result  of  such  election,  in   all   cases  where  the   ballots  are 
now  counted   and   the  result  of  the  election  is   now  deter- 
mined and  declared  by  the  mayor  and   aldermen  of  said 
city.     *     *     *     Said  board  of  canvassers  and  registration 
shall  also  count,   determine   and  declare  the  result  of  all 
ballots  cast  in  said  city  for  and  against  any  proposition  sub- 
mitted to  the  electors  of  said  city,  other  than  propositions 
submitted  to  the  people  of  the  state  at  large. 

Sec.  2.     Said  board  shall  meet  at  nine  o'clock  a,  m.,  at  the   Manner  of  counting, 
city  hall  of  said  city,  on  the  next  secular  day  after  any  such 
election,  or  day  of  voting  upon  such  question  as  aforesaid,   .See  ch.  828  of  looi, 
and  shall  commence  such  count  and  continue  the  same  on 
every  secular  day  thereafter  until  said   count  is   fully  com- 


Act  of  1901,  Ch.  828, 
.Sec.  5. 


Sees.  '>,  7,  8,  9. 


pleted. 
said  bo 
date  for  any  office  to  be  filled   at  any  such  election,  or  any 


Said  ballots  shall   be  counted   by  the  members  of   SeeCh.  S29  of  i9oi, 

.  ,   ,  ,     .  ,     .  .  ,  ,.  Sees.  19,  20. 

said  board  in  person  and   in  open  meeting,  and   any  candi- 


182 


ELECTIONS. 


Record  and  certificate 
of  count. 


Certificates  of 
election. 


No  election. 


See  Ch.  828  of  1901, 
Sec.  C. 


New  election. 


See  Ch.  828  of  1901, 
Sec.  2. 


Returns    by   election 
officers. 

See  Ch.  828  of  1901, 
Sees.  3,  4. 

See  Ch.  823  of  1901, 
Sec.  15. 


Penalties. 


person  authorized  by  him  in  writing,  may  be  heard  for  or 
against  the  counting  or  rejection  of  any  ballots  cast  thereat, 
and  said  board  shall  determine  all  questions  as  to  the  val- 
idity of  such  ballots.  Upon  the  completion  of  said  count 
said  board  shall  record  and  certify  over  the  signatures  of  its 
members,  or  a  quorum  thereof,  in  a  book  kept  by  them  for 
such  purpose,  the  number  of  ballots  given  in  at  such  elec- 
tion, specifying  the  names  of  the  persons,  for  what  offices, 
and  the  number  of  ballots  given  in  for  each,  and  also  the 
number  of  ballots  cast  for  and  against  any  such  proposition, 
and  forthwith  shall  publicly  declare  the  result  thereof,  and 
shall  forthwith  certify  said  result  and  determination  to  the 
city  clerk,  and  said  city  clerk  shall  thereupon  issue  certifi- 
cates of  election  to  the  persons  certified  by  said  board  to 
have  been  elected,  and  in  case  of  the  adoption  or  rejection 
of  any  such  proposition  shall  take  any  subsequent  action 
required  of  him  by  law.  Whenever  it  shall  appear  from  the 
certificate  of  said  board  that  no  person  has  been  lawfully 
elected  to  any  office,  said  city  clerk  shall  thereupon  forth- 
with notify  the  mayor  of  said  city  in  writing,  and,  as  soon 
as  may  be  thereafter,  said  mayor  shall  convene  the  board  of 
aldermen,  and  said  board  of  aldermen  shall  issue  warrants 
for  another  election  :  provided,  however,  that  a  period  of  not 
less  than  seven  nor  more  than  ten  days  shall  intervene  be- 
tween the  time  said  city  clerk  shall  be  notified  as  aforesaid 
and  such  election;  and  so  from  time  to  time  shall  order  new 
elections  until  the  election  shall  be  completed. 

Sec.  3.  All  ballots,  records,  certificates,  returns,  books, 
documents  and  papers  of  every  kind  and  nature  pertaining 
to  any  such  election  or  the  voting  upon  any  such  proposition, 
now  required  by  law  to  be  returned  or  delivered  to  or  filed 
with  the  city  clerk  of  said  city  by  wardens,  clerks,  super- 
visors, or  other  officers,  shall  hereafter  be  returned  and  de- 
livered to  and  filed  with  said  board  within  the  same  time 
and  in  the  same  manner  as  now  required  by  law  to  be  re- 
turned and  delivered  to  and  filed  with  said  city  clerk,  and 
under  the  same  penalties  as  now  provided  by  law  for  failure 
so  to  do,  and  the  same  shall  be  preserved  for  the  same  time  by 
said  board  and  under  the  same  penalties  as  now  provided  by 


ELECTIONS. 


183 


canvassers. 


.aw.    The  record  books  provided  by  the  secretary  of  state  un-     See  Ch.  829  of  1901, 
der  section  twelve  of  chapter  ten  of  the  General  Laws,  filed 
with  said  board  under  the  provisions  hereof,  shall  be  deposited 
by  said  board  with  the  city  clerk  forthwith  after  said  board 
shall  have  announced  its  determination  of  the  result  of  the 
election,  or   of  the   voting    upon   any   such    proposition    as 
aforesaid.      Any  member  of  said  board  who  shall  knowingly      penalties  for  false 
make  any  false   count,  return,  record,  or  certificate  of  any  ^^"°"  ^^  ''"^  board. 
kind  relative  to  the  count  of  said  ballots,  or  the  determina- 
tion of  the  result   of  any  such  election,  or  the  voting  upon 
any  such  proposition  as  aforesaid,  shall  be  subject  to  a  fine 
of  not  exceeding  five  thousand  dollars,  or  to   imprisonment 
not  exceeding  five  years,  or  to  both  such  fine   and  imprison- 
ment. 

Sec.  4.  The  members  of  said  board  are  hereby  sever-  powers  of  board  of 
ally  authorized  to  administer  oaths,  and  said  board,  in  all 
cases  of  every  nature  pending  before  it,  is  hereby  author- 
ized and  empowered  to  summon  witnesses  by  subpoena 
signed  by  the  clerk  of  said  board,  and  to  compel  such  wit- 
nesses to  attend  and  testify  in  the  same  manner  as  witnesses 
are  compelled  to  appear  and  testify  in  either  division  of  the 
supreme  court ;  and  said  board  is  authorized  to  compel  the 
production  of  all  papers,  books,  documents,  records,  certifi- 
cates, or  other  legal  evidence,  that  may  be  necessary  or  pro- 
per for  the  determination  and  decision  of  any  question  or 
the  discharge  of  any  duty  required  by  law  of  said  board, 
by  issuing  a  subpoena  duces  tecum,  signed  by  its  clerk  ;  and 
every  person  disobeying  any  such  writ  shall  be  considered 
as  in  contempt,  and  said  board  may  punish  any  contempt  of 
its  authority  in  like  manner  as  contempt  may  be  punished 
by  either  division  of  the  supreme  court.  Any  person  who 
shall  wilfully  swear  falsely  in  any  proceeding,  matter  or 
hearing  before  said  board,  shall  be  deemed  guilty  of  the 
crime  of  perjury. 

Sec.  5.  From  and  after  the  passage  of  this  act  the  said 
board  shall  not  retain  to  their  own  use  any  of  the  fees  now 
allowed  by  law  to  recording  and  certifying  ofBcers  ;  but 
shall  charge  and  collect  the  statutory  fees  for  any  record, 
certificate  or  copy  required   by  law   to  be   made   by   said 


Perjuiy. 


Accountability  for 
fees. 


134 


ELECTIONS. 


Voting  lists  to  be 
furnished. 


Changed  to  one 
dollar. 

See  Ch.  798,  sec.  7 
page  137. 


Salaries. 


Clerks,  and  their 
compensation. 


Operative  clause. 


board,  and  shall  pay  over  the  same  on  the  first  business  day 
of  every  month  to  the  city  treasurer  of  said  city :  provided^ 
that  said  board  shall  furnish,  as  now  required  by  law,  certi- 
fied copies  of  any  list  of  qualified  electors  in  any  voting 
district  in  said  city  on  payment  of  the  sum  of  two  dollars 
a7id fifty  cents  for  each  such  certified  list,  which  sums  shall 
also  be  paid  into  the  city  treasury  of  said  city  as  above  pro- 
vided ;  and  in  lieu  of  all  fees,  and  of  all  salary  or  compen- 
sation now  received  by  the  members  of  said  board,  the  mem- 
bers thereof  shall  hereafter  severally  receive  from  said  city 
a  salary  of  twenty-five  hundred  dollars  per  annum,  payable 
monthly,  and  such  further  sum  as  the  city  council  of  said 
city  may  from  time  to  time  determine,  in  full  compensation 
for  all  duties  imposed  by  law  upon  said  board.  Said  board 
may  employ  such  clerical  assistance  as  they  may  deem  ne- 
cessary in  the  discharge  of  their  duties,  and  agree  with  such 
clerks  for  their  compensation,  which  said  compensation 
shall  be  paid  out  of  the  city  treasury  :  provided,  hozvever, 
that  said  board  shall  not  authorize  the  payment  to  any  of 
its  clerks  of  compensation  in  excess  of  the  sum  of  one 
thousand  dollars  per  annum,  unless  such  compensation  shall 
have  been  approved  by  the  city  council  of  said  city;  and 
provided  further,  that  the  aggregate  amount  paid  for  such 
compensation  shall  not  exceed  the  sum  of  three  thousand 
dollars  in  any  one  year,  unless  a  greater  sum  shall  be  ap- 
propriated therefor  by  said  city  council. 

Sec.  6.  All  acts  and  parts  of  acts  inconsistent  herewith 
are  hereby  repealed  ;  and  this  act  shall  take  effect  from  and 
after  its  passage. 


ELECTIONS. 


185 


AN    ACT    CREATING    A    COMMISSION     TO     RE-ADjUST 
THE   WARD  LINES  OF  THE  CITY  OF  PROVIDENCE. 


Chapter  798 

of   June  l.'l,  I'.iOO. 


Section 

1.  Commission  to   divide   the   city  into 

wards. 

2.  Duties  of  commissioners. 

3.  Voting  districts  ;    polling  places  and 

supplies ;   future  redistricting. 

4.  Election  officers  ;  appointment ;  qual- 

ification ;    powers   and   duties ;    re- 
turns ;  compensation  ;  vacancies. 


Section 

5.  Continuance  in  office. 
C.  Election   of  city  officers   by   wards ; 
term  of  office. 

7.  Voting  lists  to  be  fumislied. 

8.  Compensation  and  expenses  of  com- 

mission, how  paid. 

9.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  asfolloivs  : 


Commission  to  re- 
divide  the  city  into 
wards. 


Duties  of  commis- 
sion. 


Section  1.  The  governor  shall,  as  soon  as  may  be  after 
the  passing  of  this  act,  appoint  three  qualified  electors 
of  the  state,  one  at  least  of  whom  shall  be  a  qualified 
elector  of  the  city  of  Providence,  who  shall  divide  the  said 
city  of  Providence  into  not  more  than  twelve  wards  in  such 
manner  as  to  secure  as  nearly  as  may  be  an  equal  number 
of  electors  in  each  ward,  having  regard  to  the  number  of 
inhabitants  and  territory  therein. 

Sec  -.  The  said  commissioners,  immediately  after  their 
appointment,  shall  divide  said  city  into  not  exceeding  twelve 
wards,  and  shall  file  with  the  city  clerk  of  said  city  before 
the  fifteenth  day  of  August,  a.  d.  1900,  a  report  thereof  For  report,  see  p.  las, 
with  an  accompanying  map  of  such  division,  and  a  duplicate 
map  thereof  with  the  board  of  canvassers  and  registration  of 
said  city  ;  and,  upon  the  filing  of  such  report  of  said  com- 
missioners, or  a  majority  thereof,  the  division  thus  made  shall 
constitute  the  wards  of  said  city  without  further  action. 

Sec.  3.     The   said   commissioners    shall   also    subdivide      Voting-distncts. 
each  ward  of  said  city  into   a  convenient  number  of   voting 
districts,  containing  not  more  than  seven  hundred  nor  less 
than  three  hundred  qualified   electors   at   the   time  of   such 
subdivision.     The  board  of  canvassers   and  registration  of     Polling  places  and 

supplies. 

said  city  shall  forthwith  designate  polling  places  in  each  of 
such  districts,  and  shall  cause  the  same  to  be  suitably  fur- 
nished with  ballot  boxes  and  all  other  paraphernalia  neces- 
sary for  the  conduct  of  elections,  and  shall  each  year 
thereafter  in  the  month  of  July,  as  occasion  may  require, 
redivide  said  wards  or  anv  of   them  into  voting  districts  in        Redistricting. 


136 


ELECTIONS. 


Election  officers  : 


Appointment. 


Qualification. 


Powers  and  duties. 


Returns. 


Compensation. 


Vacancies. 


such  manner  that  not  more  than  seven  hundred  nor  less 
than  three  hundred  qualified  electors  shall  be  comprised  in 
any  one  voting  district  at  the  time  of  such  redivision,  and 
shall  designate  and  furnish  polling  places  therein,  and  shall 
further  file  a  map  of  such  redivision  and  designation  in  the 
office  of  the  city  clerk  of  said  city  ;  and  the  redivision  and 
designation  thus  made  shall  constitute  the  voting  districts 
of  said  wards,  and  the  polling  places  therein  respectively, 
without  further  action,  and  until  changed  by  said  board. 

Sec.  4.  Upon  and  after  the  filing  of  any  such  division 
or  redivision  of  said  wards,  or  of  said  voting  districts,  in  the 
office  of  said  city  clerk,  the  terms  of  office  of  the  several 
wardens  and  district  clerks  then  in 'office  shall  cease  and 
determine.  At  least  ten  days  prior  to  every  election  there 
shall  be  appointed  by  the  board  of  canvassers  and  regis- 
tration of  said  city  a  warden  and  clerk  for  each  voting 
district,  who  shall  be  of  different  political  parties,  and  four 
supervisors  of  election  for  each  voting  district  from  lists  to 
be  submitted  to  said  board  in  manner  as  now  provided  by 
law  to  be  submitted  to  the  board  of  aldermen  of  said  city, 
and  who  shall  severally  be  qualified  electors  in  the  voting 
districts  in  which  they  shall  be  appointed  to  serve,  and  who 
shall  severally  be  able  to  read  the  constitution  of  the  state 
in  the  English  language  and  to  write  their  names.  Said 
wardens,  clerks,  and  supervisors  shall  have  all  the  powers 
and  be  subject  to  all  the  liabilities  and  discharge  all  the 
duties  conferred  and  imposed  by  law  upon  wardens,  clerks 
and  supervisors  of  election,  respectively  :  provided,  that  at 
every  election  the  ballot  boxes  shall  be  opened  and  the 
ballots  therein  sorted,  counted,  sealed  up  and  returned  by 
said  wardens  and  clerks  only,  under  the  personal  super- 
vision and  scrutiny  of  said  supervisors  of  election  ;  but  no 
supervisors  of  election  shall  at  any  time,  after  the  close 
of  the  polls,  handle  any  official  ballot  duly  voted  and  con- 
tained in  the  ballot  box  in  any  such  polling  place.  Said 
wardens,  clerks  and  supervisors  shall  severally  receive  from 
said  city  the  sum  of  ten  dollars  for  every  election,  and  any 
vacancy  occurring  among  said  wardens,  clerks,  or  super- 
visors of  election,  whether  by  resignation  or  refusal  to  serve. 


ELECTIONS. 


137 


or  by  failure  from  any  cause  to  appear  at  such  polling  place, 
or  to  remain  thereat  during  the  time  when  they  are  required 
by  law  to  perform  their  said  duties,  shall  be  immediately 
filled  by  said  board,  or  by  the  presiding  officer  thereof,  if 
said  board  be  not  then  in  session. 

Sec.  -').  The  city  council  of  said  city  as  the  same  is  con- 
stituted at  the  time  of  filing  the  division  referred  to  in  sec- 
tion two  of  this  act,  shall  be  and  remain  the  city  council 
of  said  city  until  the  first  Monday  in  January,  a.  d.  1901, 
and  no  longer  ;  and  the  members  of  the  school  committee 
of  said  city  in  office  at  the  time  of  filing  said  division,  shall 
hold  office  for  the  terms  for  which  they  were  severally 
elected  and  no  longer. 

Sec.  0.  At  the  municipal  election  held  next  after  the 
filing  of  the  division  of  said  wards  in  the  office  of  the  city 
clerk,  and  annually  thereafter  at  such  municipal  elections, 
there  shall  be  elected  in  each  of  said  new  wards  one  alder- 
man ;  and  in  case  the  number  of  wards  shall  not  exceed 
ten,  four  members  of  the  common  council;  and  in  case  the 
number  of  wards  shall  exceed  ten,  three  members  of  the 
common  council,  for  the  term  of  one  year  and  until  their 
successors  are  elected  and  qualified  ;  and  one  member  of 
the  school  committee  for  the  term  of  three  years  and  until 
their  successors  respectively  are  elected  and  qualified ; 
whose  several  terms  of  office  shall  commence,  in  the  case 
of  members  of  said  city  council,  on  the  first  Monday  in 
January  next  succeeding  their  election,  and  in  the  case  of 
members  of  said  school  committee  on  the  first  Tuesday  in 
December  next  succeeding  their  election. 

Sec.  7.  From  and  after  the  filing  of  said  division  in  the 
office  of  said  city  clerk,  the  board  of  canvassers  and  regis- 
tration of  said  city  shall  furnish,  as  required  by  law,  certi- 
fied copies  of  any  list  of  electors  in  any  voting  district  in 
said  city,  on  payment  of  the  sum  of  one  dollar  for  each  such 
certified  list,  which  sum  shall  be  paid  into  the  city  treasury 
of  said  city  by  said  board  on  the  first  business  day  of  the 
month  next  following  their  receipt. 

Sec.  8.  Said  commission  shall  have  a  suitable  office  in 
t4ie  city  of  Providence,  to  be  approved    by  the    governor  ; 

18 


Continuance  in 
office. 


Elections  of  city 
officers  by  wards. 


Term  of  office. 


Voting  lists  to  be 
furnished. 


See  Ch.  363,  Sec.  5, 
page  lo4. 


Compensation  and 
expenses  of  commis- 
sion, how  paid. 


138 


ELECTIONS. 


Operative  clause. 


Report  of  the 


Authorized  by  Cli. 
of  1900,  p.  135. 


First    Ward. 


and  the  state  auditor  is  hereby  authorized  and  directed  to 
draw  his  order  on  the  state  treasurer,  payable  out  of  any 
money  in  the  state  treasury  not  otherwise  appropriated,  for 
the  rent  and  furnishing  of  same  and  for  all  expenses  for 
surveys,  maps,  clerical  assistance,  and  other  expenses  inci- 
dental to  the  proper  discharge  of  the  duties  of  said  commis- 
sion, including  such  compensation  to  the  members  of  said 
commission  for  their  services,  as  may  be  approved  by  the 
governor,  on  receipt  of  vouchers  therefor  duly  approved  by 
the  governor. 

Sec.  9.  All  acts  and  parts  of  acts  inconsistent  herewith 
are  hereby  repealed;  and  this  act  shall  take  effect  upon  its 

passage. 

/'         

BOUNDARY  LINES  OF  THE  WARDS  AND  VOTING  DIS- 
TRICTS OF  THE  CITY  OF  PROVIDENCE,  AS  READ- 
JUSTED BY  A  COMMISSION  APPOINTED  UNDER 
CHAPTER  798  OF  THE  PUBLIC  LAWS,  PASSED  JUNE 
13^  1900:—  RECEIVED  ON  FILE  IN  THE  CITY  CLERK'S 
OFFICE     AUGUST    14,   1900,  AT   4.50   O'CLOCK  P.  M. 

First  Ward. —  All  that  part  of  the  City  of  Providence 
bounded  by  the  Seekonk  river,  a  line  through  the  centre  of 
Providence  river  to  the  northerly  line  of  Burnside  bridge, 
thence  in  a  direct  line  to  the  northeasterly  corner  of  Ex- 
change bridge,  thence  in  a  straight  line  to  Friend  street. 
Friend,  North  Main,  Waterman,  Benefit,  Jenckes,  Barnes, 
Hope,  Angell  street  and  Angell  street  extended,  shall  con- 
stitute the  first  ward. 

District  1.  All  that  part  of  said  ward  bounded  by  Water- 
man, Hope,  Barnes,  Jenckes  and  Benefit  streets,  shall  con- 
stitute the  first  voting  district.  , 

District  *2.  All  that  part  of  said  ward  bounded  by 
Waterman,  Hope,  Angell,  Governor,  Wickenden,  Hope, 
Sheldon  and  Brook  streets,  shall  constitute  the  second  vot- 
ing district. 

District  3.  All  that  part  of  said  ward  bounded  by  See- 
konk river,  Angell  street  extended,  Angell,  Governor  and 
Williams  streets  and  Williams  street  extended,  shall  consti- 
tute the  third  voting  district. 


ELECTIONS.  139 

District  4.  All  that  part  of  said  ward  bounded  by  See- 
konk  river,  Williams  street  extended,  Williams,  Governor, 
Wickenden,  Hope  and  the  line  between  the  property  now 
or  formerly  of  the  estate  of  John  Carter  Brown  occupied  by 
John  R.  White  &  Son  and  the  property  of  the  New  York, 
New  Haven  and  Hartford  Railroad  Company,  shall  consti- 
tute the  fourth  voting  district. 

District  5.  All  that  part  of  said  ward  bounded  by  Provi- 
dence river,  Transit,  Brook,  Sheldon  and  Hope  streets,  the 
line  between  the  property  now  or  formerly  of  the  estate  of 
John  Carter  Brown  occupied  by  John  R.  White  &  Son  and 
the  property  of  the  New  York,  New  Haven  and  Hartford 
Railroad  Company  and  Seekonk  river,  shall  constitute  the 
fifth  voting  district. 

District  6.  All  that  part  of  said  ward  bounded  by  Provi- 
dence river,  Transit,  Brook,  Waterman,  North  Main,  Friend 
and  a  line  from  Friend  street  to  the  northeasterly  corner  of 
Exchange  bridge,  shall   constitute   the  sixth  voting  district. 

Second  Ward. — All  that  part  of  the  City  of  Providence  second  Ward. 
bounded  by  Seekonk  river,  City  line,  Moshassuck  river. 
Branch  avenue,  the  easterly  line  of  the  railroad  property 
operated  by  the  New  York,  New  Haven  and  Hartford  Rail- 
road Company,  Charles,  Stevens,  North  Main,  Benefit, 
Jenckes,  Barnes,  Hope  and  Angell  streets  and  Angell  street 
extended,  shall  constitute  the  second  ward. 

District  1.  All  that  part  of  said  ward  bounded  by  North 
Main,  Pleasant,  Hope  and  Olney  streets,  shall  constitute  the 
first  voting  district. 

District  '1.  All  that  part  of  said  ward  bounded  by 
Stevens  and  Charles  streets,  the  easterly  line  of  the  railroad 
property  operated  by  the  New  York,  New  Haven  and  Hart- 
ford Kailroad  Company,  Branch  avenue  and  Moshassuck 
river,  shall  constitute  the  second  voting  district. 

District  3,  All  that  part  of  said  ward  bounded  by  See- 
konk river.  City  line,  Moshassuck  river,  Stevens  and  North 
Main  streets,  Rochambeau  avenue,  the  line  between  Swan 
Point  Cemetery  and  the  property  of  Butler  Hospital  for  the 
Insane,  shall  constitute  the  third  voting  district. 


140  ELECTIONS. 

District  4.  All  that  part  of  said  ward  bounded  by  Hope, 
Pleasant,  and  North  Main  streets  and  Rochambeau  avenue, 
shall  constitute  the  fourth  voting  district. 

District  5.  All  that  part  of  said  ward  bounded  by  See- 
konk  river,  Angell  street  extended,  Angell,  Hope,  Barnes, 
Jenckes,  Benefit,  North  Main,  Olney  and  Hope  streets, 
Rochambeau  avenue  and  the  line  between  Swan  Point 
Cemetery  and  the  property  of  Butler  Hospital  for  the  In- 
sane, shall  constitute  the  fifth  voting  district. 

Third  Ward.  Third  Ward. — All   that  part  of  the   City  of  Providence 

bounded  by  City  line.  Smith,  North  Main,  Star,  Benefit, 
North  Main,  Stevens  and  Charles  streets,  the  easterly  line 
of  the  railroad  property  operated  by  the  New  York,  New 
Haven  and  Hartford  Railroad  Company,  Branch  avenue  and 
Moshassuck  river,  shall  constitute  the  third  ward. 

District  1.  All  that  part  of  said  ward  bounded  by  Charles, 
Stevens,  North  Main,  Benefit,  Star,  North  Main  and  Smith 
streets  and  the  easterly  line  of  the  railroad  property  oper- 
ated by  the  New  York,  New  Haven  and  Hartford  Railroad 
Company,  shall  constitute  the  first  voting  district. 

District  2.  All  that  part  of  said  ward  bounded  by  Smith 
street,  Chalkstone  avenue,  and  Candace  streets,  Douglas 
avenue,  Orms  street  and  the  easterly  line  of  the  railroad 
property  operated  by  the  New  York,  New  Haven  and  Hart- 
ford Railroad  Company,  shall  constitute  the  second  voting 
district. 

District  8.  All  that  part  of  said  ward  bounded  by  Orms 
street,  Douglas  avenue,  Fillmore  street,  Admiral  and 
Charles  streets  and  the  easterly  line  of  the  railroad  property 
operated  by  the  New  York,  New  Haven  and  Hartford  Rail- 
road Company,  shall  constitute  the  third  voting  district. 

District  4.  All  that  part  of  said  ward  bounded  by  City 
line.  Smith  street,  Chalkstone  avenue,  Candace  street, 
Douglas  avenue,  Fillmore  and  Admiral  streets,  shall  consti- 
tute the  fourth  voting  district. 

District  5.  All  that  part  of  said  ward  bounded  by  City 
line,  Admiral,  Hawkins  and  Charles  streets,  shall  constitute 
the  fifth  voting  district. 


ELECTIONS.  141 

District  G.  All  that  part  of  said  ward  bounded  by  City 
line,  Charles,  Hawkins,  Admiral  and  Charles  streets,  the 
easterly  line  of  the  railroad,  property  operated  by  the  New 
York,  New  Haven  and  Hartford  Railroad  Company,  Branch 
avenue  and  Moshassuck  river,  shall  constitute  the  sixth 
voting  district. 

Fourth  Ward. — All  that  part  of  the  City  of  Providence  Fourth  w^ard 
bounded  by  a  line  from  the  northeasterly  corner  of  Ex- 
change bridge  to  Friend  street,  Friend,  North  Main,  Water- 
man, Benefit,  Star,  North  Main  and  Smith  streets.  Chalk- 
stone  avenue,  Ayrault,  Valley,  Rathbone  and  Promenade 
streets,  the  range  of  Acorn  street.  Acorn  street,  Harris 
avenue,  Dean,  Westminster,  Cranston,  Pearl,  Broad,  Lock- 
wood,  Friendship,  Point,  Plain  and  Elm  streets  and  Elm 
street  extended  to  centre  of  Providence  river,  and  by  said 
centre  of  Providence  river  to  north  side  of  Burnside  bridge, 
thence  in  a  straight  line  to  point  of  beginning,  shall  consti- 
tute the  fourth  ward. 

District  1.  All  that  part  of  said  ward  bounded  by  Smith, 
North  Main,  Star,  Benefit,  Waterman,  North  Main  and 
Friend  streets,  a  line  to  northeasterly  corner  of  Exchange 
bridge,  Providence  river,  Westminster,  Walnut,  Washington, 
Jackson,  and  Federal  streets,  Broadway,  Bourne,  Aborn  and 
Cedar  streets,  Brayton  avenue  and  Brayton  avenue  extended, 
Woonasquatucket  river,  Gaspee  and  Francis  streets,  shall 
constitute  the  first  voting  district. 

District  '1.  All  that  part  of  said  ward  bounded  by  Provi- 
dence river,  Westminster,  Burrill,  Weybosset,  Chestnut, 
Friendship,  Plain  and  Elm  streets  and  Elm  street  extended, 
shall  constitute  the  second  voting  district. 

District  B.  All  that  part  of  said  ward  bounded  by  Broad, 
Lockwood,  Friendship,  Point,  Plain,  Friendship  and  Chest- 
nut streets,  shall  constitute  the  third  voting  district. 

District  \.  All  that  part  of  said  ward  bounded  by  Broad, 
Pearl,  Cranston,  Westminster,  Dean,  Fountain,  Jackson, 
Washington,  Walnut,  Westminster,  Burrill  and  Weybosset 
streets,  shall  constitute  the  fourth  voting  district. 

District  5.      All  that  part  of  said  ward  bounded  by  Woon- 


142  ELECTIONS. 

asquatucket  river,  Acorn  street,  Harris  avenue.  Dean, 
Fountain,  Jackson  and  Federal  streets,  Broadway,  Bourne, 
Aborn  and  Cedar  streets,  Brayton  avenue  and  Brayton 
avenue  extended,  shall  constitute  the  fifth  voting  district. 

District  6.  All  that  part  of  said  ward  bounded  by  Rath- 
bone,  Valley  and  Ayrault  streets,  Chalkstone  avenue.  Smith, 
Francis  and  Gaspee  streets  and  Woonasquatucket  river, 
shall  constitute  the  sixth  voting  district. 

Fifth w'ard.  FiFTH  Ward. — All  that   part  of  the  City  of  Providence 

bounded  by  Providence  river,  Elm  street  extended,  Elm, 
Plain,  Point,  Friendship,  Lockwood  and  Broad  streets,  Elm- 
wood  avenue,  Burnett,  Public  street  and  Public  street  ex- 
tended, shall  constitute  the  fifth  w-ard. 

District  1.  All  that  part  of  said  ward  bounded  by  Provi- 
dence river.  Elm  street  extended.  Elm,  Plain,  Blackstone 
street  and  Blackstone  street  extended,  shall  constitute  the 
first  voting  district. 

District  2.  All  that  part  of  said  ward  bounded  by  Provi- 
dence river,  Blackstone  street  extended,  Blackstone  street, 
Prairie  avenue,  Public  street  and  Public  street  extended, 
shall  constitute  the  second  voting  district. 

District  3.  All  that  part  of  said  ward  bounded  by  Pub- 
lic street,  Prairie  and  Willard  avenues.  Broad  street,  Wes- 
leyan  and  Elmwood  avenues,  and  Burnett  street,  shall 
constitute  the  third  voting  district. 

District  4.  All  that  part  of  said  ward  bounded  by 
Broad  and  Friendship.  Lockwood  and  Broad  streets.  Elm- 
wood  and  Wesleyan  avenues,  shall  constitute  the  fourth 
voting  district. 

District  5.  All  that  part  of  said  ward  bounded  by 
Broad,  Friendship  and  Lockwood  streets,  Prairie  and  Will- 
ard avenues,  shall  constitute  the  fifth  voting  district. 

District  6.  All  that  part  of  said  ward  bounded  by  Lock- 
wood,  Friendship,  Point,  Plain  and  Blackstone  streets,  and 
Prairie  avenue,  shall  constitute  the  sixth  voting  district. 

Sixth  w-ard.  Sixth  Ward. — All  that  part  of  the  City  of  Providence 

bounded  by  Providence  river.  City  Une,  the  westerly  line  of 


ELECTIONS.  143 

the  railroad  property  operated  by  the  New  York,  New 
Haven  and  Hartford  Railroad  Company,  Carter  street  ex- 
tended, Carter  street,  Elmwood  avenue,  Public  street,  and 
Public  street  extended,  shall  constitute  the  sixth  ward. 

District  1.  All  that  part  of  said  ward  bounded  by  Provi- 
dence river.  Public  street  extended,  Public  street,  Prairie 
avenue,  Sayles  street  and  Sayles  street  extended,  shall  con- 
stitute the  first  voting  district. 

District  '1.  All  that  part  of  said  ward  bounded  by  Provi- 
dence river,  Sayles  street  extended,  Sayles,  Ocean  and 
Richardson  streets,  Pennsylvania  avenue  and  Broad  street, 
Prairie  and  Pavilion  avenues,  Hylestead  street,  Thurber's 
avenue  and  Thurber's  avenue  extended,  shall  constitute  the 
second  voting  district. 

District  3.  All  that  part  of  said  ward  bounded  by  Provi- 
dence river,  City  line.  Broad  street,  Prairie  and  Pavilion 
avenues,  Hylestead  street  and  Thurber's  avenue  and  Thur- 
ber's avenue  extended,  shall  constitute  the  third  voting 
district. 

District  4.  All  that  part  of  said  ward  bounded  by  City 
line,  Broad  street,  Atlantic  and  Reservoir  avenues,  and  the 
westerly  line  of  the  railroad  property  operated  by  the  New 
York,  New  Haven  and  Hartford  Railroad  Company,  shall 
constitute  the  fourth  voting  district. 

District  5.  All  that  part  of  said  ward  bounded  by  Reser- 
voir and  Atlantic  avenues.  Broad  and  Public  streets,  Elm- 
wood  avenue,  Carter  street.  Carter  street  extended,  and  the 
westerly  line  of  the  railroad  property  operated  by  the  New 
York,  New  Haven  and  Hartford  Railroad  Company,  shall 
constitute  the  fifth  voting  district. 

District  G.  All  that  part  of  said  ward  bounded  by  Broad 
and  Public  streets,  .Prairie  avenue,  Sayles,  Ocean  and 
Richardson  streets,  and  Pennsylvania  avenue,  shall  consti- 
tute the  sixth  voting  district. 

Seventh  Ward. — All  that  part  of  the  City  of  Providence       seventh  wai-d. 
bounded  by  City  line,  Cranston,  Messer,  Willow,  Sycamore, 
Westminster,    Dexter,    Division,    Bridgham,    Cranston     and 
Pearl  streets,  Broad  street,    Elmwood  avenue,   Burnett  and 


144  ELECTIONS. 

Public  streets,  Elmwood  avenue,  Carter  street,  Carter  street 
extended,  and  the  westerly  line  of  the  railroad  property 
operated  by  the  New  York,  New  Haven  and  Hartford  Rail- 
road Company,  shall  constitute  the  seventh  ward. 

District  1.  All  that  part  of  said  ward  bounded  by  Broad 
street,  Elmwood  avenue,  Wilson,  Dexter,  Cranston  and 
Pearl  streets,  shall  constitute  the  first  voting  district. 

District  2.  All  that  part  of  said  ward  bounded  by  Cha- 
pin  avenue,  Cranston,  Bridgham,  Division,  Dexter,  Westmin- 
ster, Sycamore  and  Willow  and  Messer  streets,  shall  con- 
stitute the  second  voting  district. 

District  3.  All  that  part  of  said  ward  bounded  by  Chapin 
avenue,  Cranston,  Dexter  and  Wilson  streets,  Elmwood 
avenue,  Hanover,  Cranston  and  Messer  streets,  shall  con- 
stitute the  third  voting  district. 

District  4.  All  that  part  of  said  ward  bounded  by  Pot- 
ter's and  Elmwood  avenues.  Public  and  Burnett  streets, 
Elmwood  avenue,  Hanover,  Cranston,  Waldo  and  Dexter 
streets,  shall  constitute  the  fourth  voting  district. 

District  5.  All  that  part  of  said  ward  bounded  by  Crans- 
ton, Waldo  and  Dexter  streets,  Potter's  and  Elmwood 
avenues.  Carter  and  Carter  street  extended,  and  the  wes- 
terly line  of  the  railroad  property  operated  by  the  New 
York,  New  Haven  and  Hartford  Railroad  Company,  shall 
constitute  the  fifth  voting  district. 

District  6.  All  that  part  of  said  ward  bounded  by  City 
line,  and  the  westerly  line  of  the  railroad  property  operated 
by  the  New  York,  New  Haven  and  Hartford  Railroad  Com- 
pany, shall  constitute  the  sixth  voting  district. 

Eighth  Ward.  EiGHTH  Ward. — All  that  part  of  the   City  of  Providence 

bounded  by  City  line,  Cranston,  Messer,  Willow,  Sycamore, 
Westminster,  Bainbridge  avenue,  Broadway  and  Westmin- 
ster street,  Olneyville  square,  Manton  avenue,  Erastus 
street,  Atwell's  and  Manton  avenues,  and  the  westerly  line 
of  the  Dyerville  Manufacturing  Company's  plat,  recorded  in 
the  Recorder's  office.  Providence,  on  plat  caid  No.  001,  and 
said  line  extended,  shall  constitute  the  eighth  ward. 

District  1.     All  that  part  of   said  ward   bounded  by  City 


ELECTIONS.  145 

line,  Hartford  avenue,  Heath  street,  Eastwood  and  Webster 
avenues,  Plaintield  street,  Olneyville  square,  Manton  ave- 
nue, Erastus  street,  Atwell's  and  Manton  avenues  and  the 
westerly  line  of  the  Dyerville  Manufacturing  Company's 
plat,  recorded  in  Recorder's  office.  Providence,  on  plat  card 
No.  001  and  said  line  extended,  shall  constitute  the  first 
voting  district. 

District  '1.  All  that  part  of  said  ward  bounded  by  City 
line,  Pocasset  avenue,  Plainfield  street,  Olneyville  square, 
Westminster  street,  Broadway  and  the  w^esterly  line  of  the 
railroad  property  formerly  owned  by  the  Hartford,  Provi- 
dence and  Fishkill  Railroad  Company,  shall  constitute  the 
second  voting  district. 

District  '^.  All  that  part  of  said  ward  bounded  by  Broad- 
way, Bainbridge  avenue,  Westminster,  Sycamore,  Willow 
street  and  Willow  street  extended,  and  the  westerly  line  of 
the  railroad  property  formerly  owned  by  the  Hartford, 
Providence  and  Fishkill  Railroad  Company,  shall  constitute 
the  third  voting  district. 

District  4.  All  that  part  of  said  ward  bounded  by  City 
line,  Cranston,  Messer  and  Willow  streets,  and  Willow 
street  extended  and  the  westerly  line  of  the  railroad  prop- 
erty formerly  owned  by  the  Hartford,  Providence  and  Fish- 
kill Railroad  Company,  shall  constitute  the  fourth  voting 
district. 

District  5.  All  that  part  of  said  ward  bounded  by  City 
line,  Pocasset  avenue,  Plainiield  and  Killingly  streets  and 
Sunset  avenue,  shall  constitute  the  fifth  voting  district. 

District  <•.  All  that  part  of  said  ward  bounded  by  City 
line,  Hartford  avenue,  Heath  street,  F'.astwood  and  Webster 
avenues,  Plainfield  and  Killingly  streets  and  Sunset  avenue, 
shall  constitute  the  sixth  voting  district. 

XiN  rH  Ward. — All  that  part  of  the  City  of  Providence  i.;i„th  Waid. 
bounded  by  Woonasquatucket  river.  Acorn,  Harris  avenue. 
Dean,  Westminster,  Cranston,  Bridgham,  Division,  Dexter 
and  Westminster  streets,  Bainbridge  avenue,  Broadway, 
Westminster  street,  Olneyville  square  and  Manton  avenue, 
shall  constitute  the  ninth  ward. 
19 


146  ELECTIONS. 

District  1.  All  that  part  of  said  ward  bounded  by  Crans- 
ton, Westminster,  Uean,  Carpenter  and  Bridgliam  streets, 
shall  constitute  the  first  voting  district. 

District  '1.  All  that  part  of  said  ward  bounded  by  Broad- 
way, Bainbridge  avenue,  Westminster,  Dexter,  Division, 
Bridgham,  Carpenter  and  Dean  streets,  shall  constitute  the 
second  voting  district. 

District  o.  All  that  part  of  said  ward  bounded  by  Broad- 
way, Almy,  Gesler  and  Ridge  streets,  Atwell's  avenue  and 
Vinton  street,  shall  constitute  the  third  voting  district. 

District  4.  .A.11  that  part  of  said  ward  bounded  by  At- 
well's avenue,  Woonasquatucket  river,  Manton  avenue, 
Olneyville  square,  Westminster  street,  Broadway,  Almy, 
Gesler  and  Ridge  streets,  shall  constitute  the  fourth  voting 
district. 

District  5.  All  that  part  of  said  ward  bounded  by  At- 
well's avenue,  Woonasquatucket  river.  Acorn  street,  Harris 
avenue  and  Dean  street,  shall  constitute  the  fifth  voting 
district. 

District  0.  All  that  part  of  said  ward  bounded  by  Broad- 
way, Dean  street,  Atwell's  avenue  and  Vinton  street,  shall 
constitute  the  sixth  voting  district. 

Tenth  Ward.  Tenth  Ward. — All  that   part  of  the   City  of  Providence 

bounded  by  City  line,  Smith  street,  Chalkstone  avenue,  Ay- 
rault,  Valley,  Rathbone  and  Promenade  streets,  Woonas- 
quatucket river,  Manton  avenue,  Erastus  street,  Atwell's 
and  Manton  avenues,  and  the  westerly  line  of  the  Dyerville 
Manufacturing  Company's  plat,  recorded  in  the  Recorder's 
office.  Providence,  on  plat  card  No.  601,  and  said  line  ex- 
tended, shall  constitute  the  tenth  ward. 

District  1.  All  that  part  of  said  ward  bounded  by  Woon- 
asquatucket river,  Atwell's,  Academy  and  Chalkstone 
avenues,  Harold,  Valley  and  Eagle  streets,  shall  constitute 
the  first  voting  district. 

District  '1.  All  that  pait  of  said  ward  bounded  l^y  Woon- 
asquatucket river,  Manton  avenue,  Julian  street  and  At- 
well's avenue,  shall  constitute  the  second  voting  district. 

District  8.     All    that  part  of  said  ward  bounded   by  At 


ELECTIONS.  147 

well's  avenue,  rulian  street,  Manton  avenue  and  Erastus 
street,  shall  constitute  the  third  voting  district. 

District  4.  All  that  part  of  said  ward  bounded  by  At- 
well's,  Academy,  Chalkstone  and  Mount  Pleasant  avenues 
and  Mount  Pleasant  avenue  extended,  shall  constitute  the 
fourth  voting  district. 

District  5.  All  that  part  of  said  ward  bounded  by  River, 
Chalkstone  and  Mount  Pleasant  avenues  and  Mount  Pleas- 
ant avenue  extended,  Atwell's  and  Manton  avenues,  the 
westerly  line  of  the  Dyerville  Manufacturing  Company's 
plat,  recorded  in  the  Recorder's  office.  Providence,  on  plat 
card  No.  601,  said  line  extended,  City  line,  the  brook  or 
water  course  which  runs  from  the  City  line  through  the 
property  of  the  State  Home  and  School,  shall  constitute  the 
fifth  voting  district. 

District  0.  All  that  part  of  said  ward  bounded  by  Smith 
street,  Chalkstone  avenue,  Ayrault,  Valley  and  Rathbone 
streets,  Woonasquatucket  river.  Eagle,  Valley  and  Harold 
streets,  Chalkstone  and  River  avenues,  the  brook  or  water 
course  which  runs  from  the  City  line  through  the  property 
of  the  State  Home  and  School,  and  City  line,  shall  consti- 
tute the  sixth  voting  district. 


148 


ELECTIONS. 


Gliapter  862 

of  I\Iay  18,  1899, 
as  amt'iidtd  l)y 

Chapter  867 

of  March  29,  H!01, 


AN  ACT  RELATIVE  TO    POLITICAL    COMMITTEES  AND 
CAUCUSES. 


'  Elective  office.' 


'  Caucus  officers. 


"  Caucus." 
Political  conven- 
tion." 


"  Political  party. 


State  committees. 


Section 

1.  Definition  of  terms  used. 

2.  State  committees. 

■J.  Ward  and  city  committees. 
4.  Application  of  act,  to  what  cities. 
.5.  Caucus   notices :  right  to  participate 
in  caucus  ;  nomination  papers. 

6.  Rejection   of   names   on   nomination 

papers ;  nomination  papers  for 
ward  and  district  candidates. 

7.  Holding   of    caucuses;  form  of  bal- 

lot ;  precedence  of  caucuses  ;  limi- 
tation of  time  for  caucuses. 

8.  Call  for  caucuses. 

9.  Place    of    holding   caucuses ;    hours 

of  ;  caucus  officers  and  election  ; 
term  of  office  ;  vacancies ;  eligi- 
bility ;  officers  on  redivision. 

10.  Conduct  of  caucuses  ;  voting  by  bal- 

lot :  names  of  candidates  ;  material 
of  ballots;  ballots  forcaucus  clerk. 

11.  First  caucuses  ;  voting  lists  ;  council 

caucuses;  special  caucuses;  canvass 
meetings  for  special  caucuses  ;  cer- 
tified copies  of  voting  lists  to  he 
used  at  caucuses  ;  election  supplies 


.SECTKiN 

how  furnished  ;  eligibility  to  partic- 
ipate [in  caucuses  ;  vote,  how  chal- 
lenged. 

12.  Plurality  elects  or  nominates ;  pro- 
ceedings in  case  of  tie  vote ;  ad- 
journment of  caucus  ;  caucus  vote 
how  counted ;  plurality  to  elect ; 
return  of  ballots  and  voting  lists. 

IS.  Certificates  of  election  or  nomina- 
tion by  warden  ;  verification  of 
check  list ;  certified  copies  of  caucus 
check  list  for  succeeding  caucuses  ; 
preservation  and  use  of ;  certified 
copies  of  caucus  check  lists  to 
elector  on  payment  of  fees  ;  recount 
of  caucus  vote,  how  made  ;  notice 
of  recount ;  presence  of  candidates 
at  recount. 

14.  Caucuses  for  special  elections. 

15.  Penalties  on  public  officers  and  poli- 

tical officials. 

16.  Arrest  without  warrant. 

17.  Application  of    this   act   to    existing 

committees. 

18.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  foUoivs  : 

Section  1.     The  term  "elective   office"   shall    apply  to 
any  office  for  which  candidates  are  to   be  voted  for  at  any 
national,  state,  municipal,  ward,  or  district  election. 
.  The    term   "caucus    officers"  shall    apply  to  all   officers 
taking  part  in  the  conduct  of  caucuses. 

The  terms  "  caucus  "  and  "  political  convention  "  shall 
apply  only  to  such  as  shall  be  called  and  held  in  pursuance 
of  this  act. 

The  term  "  political  party "  as  used  in  this  act,  or  in 
chapter  eleven  of  the  General  Laws,  shall  apply  only  to  a 
political  party  which,  at  the  next  preceding  annual  election, 
polled  for  governor  at  least  two  per  centum  of  the  entire 
vote  cast  in  the  state  for  that  office. 

Sec.  '1.  Every  political  party  shall  annually  elect  a  state 
committee.  Such  state  committee  shall,  within  ten  days 
after  its  organization,  file  with  the  secretary  of  state  a  list 
of  its  officers  and  members. 


ELECTIONS. 


149 


Sec.  •).  The  qualified  electors  of  every  political  party  in 
each  ward  of  the  cities  of  Providence  and  Pawtucket  shall 
annually,  at  the  caucus  held  to  elect  delegates  to  the  con- 
vention to  nominate  a  candidate  for  governor,  elect  a  ward 
committee  for  such  ward,  and  the  members  of  the  several 
ward  committees  of  the  same  political  party  shall  constitute 
a  political  committee  of  such  political  party,  to  be  called  a 
city  committee.  Each  city  committee  shall,  within  ten  days 
after  its  organization,  file  with  the  secretary  of  state  a  list 
of  its  ofticers  and  members ;  and  in  Pawtucket  also  with 
the  city  clerk,  and  in  Providence  also  with  the  board  of 
canvassers  and  registration.  The  general  management  of 
the  affairs  of  each  political  party  in  said  cities  shall  be 
vested  in  said  city  committee,  subject  to  the  rules  and 
regulations  which  the  state  committee  of  each  such  politi- 
cal party  shall  make. 

Any  vacancy  occurring  in  the  office  of  chairman,  secre- 
tary, treasurer,  or  other  officer  of  any  political  committee, 
shall  be  filled  by  the  action  of  such  committee,  and  a  state- 
ment of  any  change,  so  occurring,  shall  be  filed  as  in  the  case 
of  the  officers  first  chosen.  Any  vacancy  in  the  member- 
ship of  any  ward  committee  shall  be  filled  by  the  remaining 
members  of  said  ward  committee,  and  a  statement  of  any 
change,  so  occurring,  shall  be  filed  as  in  the  case  of  a 
change  of  officers. 

All  city  and  ward  committees  which  are  in  existence  [on 
the  twenty-ninth  day  of  March,  a.  d.  1901],  shall  hold  office 
until  their  successors  shall  have  organized. 

Each  ward  and  city  committee  of  the  cities  of  Providence 
and  Newport  shall  hold  office  for  one  year  from  the  first  day 
of  January  next  following  their  election  and  until  their  suc- 
cessors shall  have  organized. 

Each  city  committee  of  the  cities  of  Providence  and  New- 
port may  make  reasonable  regulations,  not  inconsistent  with 
law,  to  determine  membership  in  the  party  and  to  restrain 
those  not  entitled  to  vote  at  caucuses  called  by  them  from 
taking  part  therein. 

Sec.  4.  The  following  sections  of  this  act  shall  apply 
only  to  the  cities  of  Providence  and  Pawtucket. 


Ward  coiiiiiiittee. 


Act  of  1901,  Cli.  8C7 
Sec.  1. 


City    committee. 


Vacancies. 
Cli.  SG7,  as  above. 


Continuance  in  oiifice. 

Act  of  1901,  Ch.  867. 
Sec.  6. 


Term  of  office. 


Act  of  1001,  Ch.  867 
Sec.  9. 


Rules  for  party 
membership. 

Act  of  1901,  Ch.  se; 

Sec.  8. 


Application  of  Act. 

As   to   Newport,  see 
page  161. 


150  ELECTIONS. 

Caucus  notice.  Sec.   5.     All   noticcs  foi' holding  caucuses  shall    apply  to 

all  members  of  the  political  party  whose  caucuses  are  to  be 

Participation  in       {-^gifj  puisuaiit  to  Said  noticcs,  and   to  them  only;   and  only 

caucus.  ■■  '  J    T  J 

members  of  such  political  party  shall  participate  in  the 
caucuses  of  said  party. 

Right  to  participate.  No  pcrson  having  votcd  in  the  caucus  of  one  political 
See  also  page  156.  party  shall  be  entitled  to  vote  or  take  part  in  the  caucus  of 
any  other  political  party  held  within  ninety  days  thereafter, 
J  nor  shall  any  person  having  signed  nomination  papers  of  a 

candidate  or  candidates  for  any  elective  ofhce  be  entitled  to 
vote  or  take  part  in  any  caucus  of  any  political  party  held 
for  the  nomination  of  candidates,  or  for  the  election  of  dele- 
gates to  a  convention  to  nominate  candidates,  to  be  voted 
for  at  the  same  election,  or  in  any  caucus  held  within  ninety 
days  thereafter  for  the  election  of  caucus  ofBcers  or  the 
members  of  a  political  committee. 

Nomination  papers.  No  pcrson  who  shall  havc  votcd  in  the  caucus  of  any 
political  party  for  any  candidate  for  an  elective  office,  or  for 
any  delegate  to  a  convention  to  nominate  candidates  for  any 
elective  office,  shall  sign  any  nomination  paper  containing 
nominations  of  candidates  to  be  voted  for  at  the  same 
election  as  that  for  which  such  caucus  or  con^'ention  shall 
haVe  been  held. 

Rejection  of  names  on        Sec.  6.     In   Computing  the  number  of  electors  required 

nomination  papers.       ,        ,  .  .  .  ,  ,.,-,, 

by  law  to  sign  a  nomination  paper  for  any  elective  office, 
the  names  of  electors  appearing,  by  the  check  list  herein- 
after specified,  to  have  voted  in  the  caucus  of  any  political 
party  for  the  nomination  of  candidates  for  any  elective  office, 
or  for  the  choice  of  delegates  to  a  convention  to  nominate 
candidates  for  any  elective  office,  to  be  voted  for  at  the  same 
election,  or  to  have  voted  at  any  caucus  of  a  political  party 
held  within  ninety  days  for  the  election  of  caucus  officers  or 
members  of  a  political  committee,  shall  not  be  counted  : 
Nomination  papers  provided^  that  exccpt  as  in  this   section  otherwise   specified, 

forward  and  district  .  .  .  .  i        ,-ii      i 

candidates.  nominations  of  candidates  for  any  elective  office  to  be  filled 

by  the  electors  of  any  ward  or  voting  district  in  either  of 
said  cities,  maybe  made  by  nomination  papers  signed  in  the 
aggregate  for  each  such  candidate  by  not  less  than  fifty 
qualified  electors  of  such  ward  or  voting  district. 


ELECTIONS. 


151 


Sec.  7.  No  two  political  parties  shall  hold  their  cau- 
cuses on  the  same  day.  'J'he  title  or  name  of  any  political 
parly  which  has  made  a  nomination  or  nominations  at  the 
next  preceding  election  shall  not  be  used  in  combination 
with  any  word  or  words  on  any  official  ballot  for  any  elec- 
tive office.  The  political  party  first  filing  its  designation  of 
a  day  for  the  holding  of  a  caucus  with  the  city  clerk  in  the 
city  of  Pawtucket,  or  with  the  board  of  canvassers  and  reg- 
istration in  the  city  of  Providence,  shall  be  entitled  to  pre- 
cedence on  the  day  named  therein  :  provided,  that  no  cau- 
cus, except  a  caucus  adjourned  under  the  provisions  of 
section  twelve  of  this  act,  shall  be  held  within  two  days  of 
the  last  day  for  filing  the  certificate  of  nomination  for  such 
office,  nor  shall  any  political  party  hold  two  caucuses  on 
successive  days. 

Sec.  8.  All  caucuses  shall  be  held,  in  said  cities,  at  the 
call  of  the  city  committee  of  the  political  party  holding  such 
caucuses.  The  call  for  such  caucuses  shall  be  issued  not 
less  than  five  days  prior  to  the  day  on  which  they  are  to  be 
held,  and  shall  state  the  place,  the  hour  of  holding  the  same, 
and  the  time  during  which  the  polls  are  to  be  open,  and  the 
business  to  be  transacted  thereat.  Said  call  shall  be  pub- 
lished at  least  four  consecutive  days  in  one  or  more  news- 
papers published  in  the  city  in  which  such  caucus  shall  be 
held.  All  caucuses  and  conventions  of  every  political  party 
in  said  cities  shall  be  held  substantially  in  accordance  with 
the  provisions  of  this  act. 

Sec.  9.  At  least  ten  days  prior  to  the  date  on  which  a 
caucus  is  to  be  held  in  either  of  said  cities,  the  chairm.m  uf 
the  city  committee  of  each  political  party  in  Pawtucket  shall 
notify  in  writing  the  clerk  of  the  city  of  Pawtucket,  and  in 
Providence  the  board  of  canvassers  and  registration  of  the 
city  of  Providence,  of  the  date  selected  for  such  caucus,  and 
said  city  clerk  and  said  board  of  canvassers  and  registration, 
respectively,  are  hereby  authorized  and  required,  at  the  ex- 
pense-T>f  their  respective  cities,  to  provide  not  less  than  one 
polling-place  in  each  ward  for  such  caucus,  and  to  notif\  in 
writing  such  chairman  as  to  the  places  so  provided  at  least 
seven  days  prior  to  the  date  of   such  caucus.     All  caucuses 


Holding  of  caucuses. 

.Act  of  1901,  Ch.  867, 
Sec.  2. 


Form  of  ballott 


Precedente  of 
caucuses. 


l.inntalionof  time  for 
holding  caucuses. 


Call  for  caucuses. 


Places  for  holding 
caucuses. 

Act  of  1901,  Ch.  807 
Sec.  3. 


152 


ELECTIONS. 


Hours  for  holding 
caucuses. 


Caucus  officers, 
election. 


Cli.  867,  as  above. 


Term  of  office. 


Vacancies. 
Ch.  867,  as  above. 


Eligibility. 
Ch.  867,  as  above. 


Caucus  officers  in  case 
of  redi vision. 


Ch.  S67,  as  abovt 


shall  be  held  in  the  several  ward  rooms  of  said  cities  when- 
ever practicable.  The  hour  for  calling  all  caucuses  in  said 
cities  shall  be  seven  o'clock  in  the  evening,  and  the  polls 
shall  close  at  9  130  p.  m. 

In  each  ward  of  said  cities  the  qualified  electors  of  each 
political  party  shall  annually,  at  the  caucus  held  to  elect 
delegates  to  the  convention  to  nominate  a  candidate  for 
governor,  elect  a  caucus  warden  for  such  ward,  and  at  said 
caucus  the  qualified  electors  of  each  political  party  residing 
in  each  voting  district  of  such  ward  shall  elect  a  caucus 
clerk  for  such  voting  district,  who  shall  be  qualified  electors 
of  the  ward  or  district,  respectively,  for  which  they  are 
elected,  and  members  of  the  political  party  at  whose  caucus 
they  are  elected.  Such  caucus  wardens  and  caucus  clerks 
shall  have  the  same  and  like  powers,  and  shall  discharge 
the  same  and  like  duties,  relative  to  caucuses  held  under 
the  provisions  of  this  act,  so  far  as  the  same  are  applicable, 
as  are  conferred  by  law  upon  wardens  and  clerks  in  re 
spect  to  state  elections.  Every  such  officer  shall  hold  ofiice 
for  the  term  of  one  year,  beginning  with  the  first  day  of 
January  succeeding  their  election,  and  until  his  successor  is 
elected. 

In  case  a  vacancy  for  any  cause,  including  removal  from 
the  ward  or  district,  shall  occur  in  the  office  of  caucus 
warden  or  caucus  clerk  prior  to  the  time  appointed  for  the 
meeting  of  the  caucus,  it  shall  be  filled  by  the  members  of 
the  ward  committee  of  such  ward  in  which  such  vacancy 
shall  occur. 

No  person  shall  be  eligible  to  the  ofiice  of  caucus  warden 
or  clerk  who  is  a  member  of,  or  a  candidate  for,  a  city  or 
ward  committee,  and  no  person  shall  serve  as  a  caucus 
officer  at  any  caucus  wherein  he  is  a  candidate  for  delegate 
to  any  convention  or  for  any  elective  ofiice,  except  that  of 
caucus  officer. 

In  case  of  a  redivision  of  the  wards  or  voting  districts  of 
either  of  said  cities,  the  city  committees  of  the  several  parties 
shall  appoint  the  caucus  officers  to  serve  at  the  first  cau- 
cuses of  such  parties,  respectively,  after  such  redivision,  and 
at  such  caucuses  the  regular  caucus  officers  shall  be  elected 
as  hereinbefore  provided. 


ELECTIONS. 


153 


Sec.   10.     The   caucus  warden   elected   or   appointed,  as   Conduct  of  caucuses, 
hereinbefore  provided,  shall  call  the  caucus  of  his  political   Actof  looi.ch.scv, 

Sec.  4. 

party  to  order,  and  shall  preside  thereat.  In  case  a  cau- 
cus warden  is  absent  at  the  time  at  which  the  caucus  has 
been  called,  or  in  case  a  caucus  warden  becomes  incapaci- 
tated during  the  holding  of  the  caucus,  the  ward  committee, 
or  a  majority  thereof  present,  shall  appoint  a  qualified  elec- 
tor of  such  party  residing  in  the  ward  to  act  as  caucus 
warden  at  such  caucus  ;  or  if  the  ward  committee  shall  fail 
to  make  such  appointment,  the  clerk  of  the  first  district  in 
such  ward,  or,  in  case  of  his  absence  or  incapacity,  any 
qualified  elector  may  call  the  meeting  to  order  and  preside 
until  a  caucus  warden  shall  be  appointed  by  the  ward  com- 
mittee. In  case  a  caucus  clerk  is  absent  at  the  time  at 
which  the  caucus  has  been  called,  or  in  case  a  caucus  clerk 
becomes  incapacitated  from  performing  his  duties  as  such 
during  the  holding  of  the  caucus,  the  ward  committee  of 
such  ward  shall  appoint  to  act  as  such  caucus  clerk  some 
person  who  would  be  eligible  to  election  as  such  ;  or  if  the 
ward  committee  fail  to  make  such  appointment,  the  caucus 
warden,  or  the  person  acting  as  caucus  warden,  shall  ap- 
point some  qualified  elector  as  aforesaid  to  act  as  caucus 
clerk. 

The  polls  shall  be  opened  at  or  before  7  :  80  p.  m.,  and  the 
ballot  boxes  shall  be  opened  and  the  interior  thereof  ex- 
posed to  the  view  of  all  present  by  the  warden  before  any 
ballots  are  cast.  Any  necessary  preliminary  business  not 
finished  at  7  :  oU  p.  m.,  shall  be  postponed  until  after  the  polls 
are  closed  and  the  result  of  the  balloting  announced. 

Except  for  the  filling  of  vacancies  in  the  office  of  caucus 
warden  and  caucus  clerk,  as  hereinbefore  provided,  a  ballot 
shall  be  required  for  the  choice  of  all  candidates  for  all 
elective  offices  and  all  delegates  to  conventions  to  nominate 
candidates  for  national,  state,  or  municipal  offices,  for  cau- 
cus wardens  and  clerks,  or  for  members  of  a  political  com- 
mittee to  be  elected  by  such  caucus,  and  the  polls  shall  be 
kept  open  until  9:30  p.  m. 

All  ballots  shall  be  printed  or  written  on  white  paper,  and   Material  of  ballots. 
no  tissue  paper  shall  be  used  for  any  caucus  ballot.  ch.  sct,  as  above. 

'20 


Polls  to  be  open, 
when. 


Ch.  867,  as  above. 


Voting  to  be  by 
ballot. 

Ch.  8G7,  as  above. 


154 


ELECTIONS. 


Names  of  candidates. 
Ch.  867,  as  above. 


Ballot  for  caucus 
clerks. 


Ch.  8G7,  as  above. 


First  caucuses. 


Act  of  1901,  Ch.  867 
Sec.  5. 


Voting  lists. 


Council  caucuses. 


Special  caucuses. 
Ch.  867,  as  above. 


The  names  of  all  candidates  for  which  any  elettor  shall 
vote  at  any  caucus  shall  be  written  or  printed  upon  one 
ballot. 

Every  ballot  cast  for  a  candidate  for  caucus  clerk  of  any 
voting  district  shall  have  printed  or  written  thereon  the  num- 
ber of  the  voting  district  in  which  the  person  casting  such 
ballot  is  entitled  to  vote.  And  no  ballot  upon  which  shall 
appear  the  number  of  more  than  one  voting  district  shall  be 
counted  for  any  candidate  for  caucus  clerk. 

Sec.  11.  All  caucuses,  excepting  those  necessary  for  a 
special  election,  shall  be  held  after  the  second  Thursday 
next  after  the  first  Monday  in  September  of  each  year. 
The  voting  lists  of  the  several  wards  and  voting-districts  in 
said  cities,  as  canvassed  on  the  Tuesday  after  the  first  Mon- 
day in  September  shall  be  used  in  said  caucuses  :  provided, 
however,  that  all  caucuses  for  the  nomination  of  candidates 
for  the  city  council  of  either  of  said  cities  shall  be  held 
within  twenty-five  days  of  the  Tuesday  after  the  first  Mon- 
day in  November,  and  the  board  of  canvassers  in  said  cities 
shall  annually  hold  a  canvass  meeting  on  the  twenty-seventh 
day  preceding  the  Tuesday  next  after  the  first  Monday  in 
November,  to  canvass  and  correct  the  voting-lists  of  electors 
qualified,  and  who  may  be  qualified,  by  the  payment  of  a  tax 
to  vote  for  members  of  the  city  council.  No  other  person 
shall  be  permitted  to  vote  in  any  caucus  held  for  the  nomi- 
nation of  members  of  the  city  councils  of  said  cities,  or 
shall  be  qualified  to  sign  nomination  papers  therefor.  No- 
tice of  this  canvass  meeting  shall  be  given  in  the  same  man- 
ner and  for  the  same  time  as  required  by  law  in  the  case  of 
a  final  canvass  meeting  prior  to  an  election. 

At  all  other  caucuses  the  voting  lists  of  the  several  wards 
and  voting  districts  in  said  cities  last  published  according  to 
law,  with  such  subsequent  changes  thereon  as  may  be  certi- 
fied by  the  board  of  canvassers  in  Pawtucket,  or  by  the 
clerk  thereof,  and  the  board  of  canvassers  and  registration 
in  Providence,  to  a  date  not  more  than  five  days  prior  to  the 
earliest  day  designated  by  any  political  party  for  the  hold- 
ing of  any  caucus  for  the  nomination  of  candidates  for 
any  elective  otfice,  or  of  choosing  delegates  to  a  conven- 


ELECTIONS. 


155 


tion     to     nominate     candidates 
shall     be    used 


for     any     elective    office, 


ng   lists  for    use 
at  caucuses. 


Ch.  807,  as  above. 


and     provided       a/so,      that      in      case       of    Canvass  meetings  for 

special  caucuses. 

the  calling  of  a  caucus  to  nommate  candidates  at  any 
special  election  to  fill  a  vacancy  in  the  city  council  in  either 
of  said  cities,  said  board  of  canvassers  in  Pawtucket.  and 
the  board  of  canvassers  and  registration  in  Providence,  shall 
hold  a  canvass  meeting  for  the  purposes  aforesaid  at  such 
time  prior  to  such  caucus,  and  shall  give  such  notice  thereof, 
as  they  shall  in  each  case  prescribe 

An  exact  copy  of  such  voting  list,  duly  certified  by  the  Voti 
city  clerk  in  Pawtucket,  or  the  board  of  canvassers  and 
registration  in  Providence,  respectively,  shall  be  used  at  all 
caucuses  held  during  the  same  series  of  caucuses  for  the 
same  election  as  above  provided,  and  all  the  names  of  per- 
sons voting  at  each  such  caucus  of  the  same  political  party 
shall  be  checked  on  such  list  in  one  and  the  same  color  by 
a  dash  at  the  left  of  the  name,  which  color  shall  be  differ- 
ent from  any  which  may  have  been  used  in  any  previous 
caucus  of  any  other  political  party  of  the  same  series  and 
for  the  same  election  ;  and  all  voting  for  caucus  officers, 
candidates  for  any  elective  office,  delegates  to  any  conven- 
tion, or  members  of  any  political  committee,  shall  be  by  the 
use  of  such  check  list. 

The  city  clerk  in  Pawtucket,  and  the  board  of  canvassers 
and  registration  in  Providence,  are  hereby  authorized  and 
required  to  furnish,  at  the  expense  of  said  cities,  suitable 
ballot  boxes,  blank  forms  of  certificates  and  returns  and 
other  (.lection  stationery,  for  each  polling  place  at  which 
any  caucus  is  held,  and  to  cause  the  voting  lists  aforesaid 
to  be  delivered  at  each  such  polling  place  to  the  caucus 
warden,  or  other  officer  authorized  to  preside  at  said  caucus, 
prior  to  the  hour  of  seven  o'clock  in  the  evening  of  the  day 
on  which  any  such  caucus  is  to  be  held;  and  it  is  hereby 
made  the  duty  of  the  chiefs  of  police  of  said  cities  to  detail 
such  number  of  police  officers  to  each  such  polling  place, 
for  the  preservation  of  order  and  tc  deliver  the  voting  lists 
aforesaid,  as  may  be  requested  by  said  city  clerk  of  Paw- 
tucket and  said  board  of  canvassers  and  registration  of 
Providence. 


Ballot  boxes  and 
supplies. 


Ch.  8C7,  as  above 


156 


ELECTIONS. 


Eligibility  to  partici- 
pate in  caucus. 

Ch.  867,  as  above. 

See  also  page  150. 


Vote, how  challenged. 
Ch.  SG7,  as  above. 


Plurality  elects  or 
nominates. 


Proceedings    in   case 
of  a  tie  vote. 


Vacancy  may  be 
filled  in  case  of  tie 
vote  for  ward  com- 
mittee. 


No  person  shall  be  entitled  to  vote  or  take  part  in  any 
caucus  for  the  nomination  of  candidates  for  any  elective 
office,  or  for  the  choosing  of  delegates  to  any  political  con- 
vention for  the  nomination  of  candidates  for  any  elective 
office,  unless  such  person  is,  at  the  time  of  holding  such 
caucus,  a  qualified  elector  for  such  elective  office,  or  whose 
name  does  not  appear  on  such  voting  list,  or  whose  name 
has  been  checked  upon  said  voting  list,  or  who  shall  have 
signed  nomination  papers  of  candidates  for  any  elective 
office  to  be  voted  for  at  the  same  election  as  that  for  which 
such  caucus  is  being  held,  or  who  shall  have  voted  at  any 
caucus  of  any  other  political  party  within  ninety  days. 

If  at  any  caucus  held  under  the  provisions  of  this  act,  any 
person  offering  to  vote  is  challenged  for  any  cause  recog- 
nized by  law,  the  caucus  warden  shall  require  the  name  and 
residence  by  street  and  number  of  such  person  to  be  written 
by  himself,  or  by  some  one  for  him,  on  the  outside  of  the 
ballot  offered  by  him,  and  the  caucus  warden  shall  add  the 
name  and  residence  by  street  and  number  of  the  person  so 
challenging,  and  the  cause  assigned  for  the  challenge,  be- 
fore such  ballot  is  received ;  but  nothing  in  this  section 
shall  be  construed  as  permitting  any  caucus  officer  to  re- 
ceive any  ballot  which  by  law  he  is  required  to  refuse. 

Sec.  12.  The  person  or  persons  receiving  the  highest 
number  of  votes  in  a  caucus  shall  be  deemed  and  declared 
to  be  elected  or  nominated. 

In  case  of  a  tie  vote  for  delegates  to  a  convention,  or  in 
case  of  a  place  being  unfilled  in  a  delegation,  or  in  case  of 
a  vacancy  occasioned  by  inability  or  neglect  of  a  delegate 
to  attend  a  convention,  such  vacancies  shall  be  filled  only 
by  vote  of  the  remaining  members  of  the  delegation,  at  a 
.meeting  duly  called  for  the  purpose.  Such  meeting  shall 
choose  a  chairman  and  secretary,  and  the  secretary  shall 
notify  the  secretary  of  the  convention  of  the  action  of  the 
meeting  so  far  as  it  relates  to  a  vacancy. 

In  case  of  a  tie  vote  for  members  of  a  ward  committee,  or 
for  caucus  officers,  the  members  duly  elected  shall  fill  the 
vacancy  or  vacancies. 


ELECTIONS.  157 

In  case   a  majority  of   a  delegation  to  any  convention,  or       Adjournment  of 

.  caucus    in    case   of 

ward   committee,  or  caucus   omcers,  are  not    elected,  or  in     no  election, 
case  of   a  tie  vote  for  candidates  for  an   elective  office,  the 
caucus  shall  adjourn  to  such  day  as  shall   be  designated   at 
said   caucus    by  a  caucus   warden,  but   not  to   any   day  at 
which  a  caucus  of  any  political  party  has  been  called. 

Immediately  on  the  closing  of  the  polls  the  caucus  warden      Caucus  vote,  how 

counted ;  plurality  to 

and  clerk  shall  in  open  caucus  proceed  to  count  the  ballots   elect, 
cast,  and  the  candidate  or  candidates   receiving  a   plurality 
of  the  ballots  shall  be  declared  by  the  caucus  warden  to  be 
elected.     The  ballots  and   voting  lists  shall   then   be  forth-   Return  of  ballots  and 
with  separately  sealed   up,  together  with  a  statement  of  the  ^o  mg 

result  of  the  balloting,  substantially  in  form  required  by  law 
in  the  case  of  state  elections,  and  shall  be  forthwith  de- 
livered in  person  by  the  caucus  clerk  of  the  first  voting 
district  in  each  ward  to  the  city  clerk  in  the  city  of  Paw- 
tucket,  and  to  the  board  of  canvassers  and  registration  in 
the  city  of  Providence. 

Sec.  18.  The  warden  of  every  caucus  shall,  within  certificates  of  eiec- 
twenty-four  hours  after  said  caucus  is  held,  deliver,  send,  or  ^.'"Xr™"''''"" '''' 
cause  to  be  sent,  to  each  delegate  to  a  political  convention 
and  to  each  member  of  a  political  committee,  a  certificate  of 
his  election,  and  to  each  candidate  for  an  elective  office  a 
notice  of  his  nomination,  and  shall  also  cause  the  certificate 
of  nomination  required  by  law  in  the  case  of  all  candidates 
who  are  nominated  by  such  caucus  for  any  elective  office  to 
be  prepared  and  seasonably  filed  in  the  proper  public  office. 
Upon  the  check   lists  used   at  such  caucus  the  clerk  check-  Verification  of  check 

list. 

ing  such  list  shall  make  a  return  under  oath  that  the  said 
check  list  is  the  identical  one  used  in  the  caucus  of  the  politi- 
cal party  for  which  it  was  furnished,  and  that  the  names 
checked  in  the  color  employed  at  such  caucus  were  truly 
and  properly  checked  at  such  caucus,  and  that  no  altera- 
tion or  erasure  or  additional  check  has  been  made  thereon, 
and  said  city  clerk  in  Pawtucket,  and  board  of  canvassers 
and  registration  in  Providence,  shall  make  a  true  copy  of 
said  check  list  in  the  same  color  or  colors  appearing  there-  certified  copies  of 
on,  and  shall  deliver  such  copy,  duly  certified  by  him  or  suSlnr^ucuVe*!: 
them  in  like  manner  as  hereinbefore  specified,  to  the  caucus 


of  fees. 


158  ELECTIONS. 

warden  of  the  political  party  whose  caucus  next  occurs,  and 

shall   proceed   in   like   manner  until   all  the  same  series  of 

caucuses  for  the  same  election  have  been  held,  when  he  and 

Preservation  and      they    shall    respectively    seal    up    and    preserve    the  same, 

use  of  lists.  ,  ...  .  ^    ,  .    ,      . 

together  with  the  copy  or  copies  thereof  hereinbefore  pro- 
vided, for  the  space  of  thirty  days  after  the  last  meeting  of 
said  series.  If  before  the  expiration  of  said  time  they  shall 
be  requested  in  writing  by  ten  voters  entitled  to  vote  in  any 
of  said  series  of  caucuses,  they  shall  safely  keep  said  ballots 
and  check  lists  for  the  period  of  three  months  thereafter, 
and  said  city  clerk  of  Pawtucket  shall  produce  the  same  if 
called  for  by  the  board  of  canvassers  of  said  city. 
Certified  copies  of        The  city  clcrk  in  Pawtucket,  or  the   board  of   canvassers 

caucus  check  lists  to  j  •    .       .  •  •        -o  •  j  r^  ]        i      i  •    ^   i  i 

elector  on  payment  ^"d  registration  in  Providcnce,  after  a  check  list  has  been 
used  at  a  caucus  of  a  political  party  held  under  the  pro- 
visions of  this  act,  upon  written  application  for  a  copy  of 
the  list  as  checked,  signed  by  any  qualified  elector  in  said 
city,  and  upon  payment  or  tender  of  the  fees  provided  by 
law  therefor,  may  unseal  and  open  the  wrapper  containing 
such  check  list,  and  shall  furnish  to  such  applicant  a  cer- 
tified copy  of  the  list  as  checked  and  shall  then  reseal  the 
same. 

Recount  o  caucus  If  before  five  o'clock  in  the  afternoon  of  the  day  succeed- 
ing the  day  on  which  any  caucus  is  held  under  the  pro- 
visions of  this  act,  a  person  who  has  received  votes  thereat 
for  nomination  or  election  to  any  elective  office,  delegation, 
or  political  committee,  shall  serve  upon  the  city  clerk  of 
Pawtucket,  or  the  board  of  canvassers  and  registration  in 
Providence,  a  statement  in  writing  that  the  records  and  re- 
turns made  by  the  caucus  officers,  as  aforesaid,  are  erro- 
neous, and  specifying  wherein  the  same  are  erroneous,  and 
claiming  an  election  or  nomination  by  said  caucus  for  the 
petitioner,  and  petitioning  for  a  recount  of  such  ballots  by 
the  board  of  canvassers  in  Pawtucket,  or  the  board  of  can- 
vassers and  registration  in  Providence,  such  city  clerk  and 
board  of  canvassers  and  registration,  respectively,  shall  re- 
tain all  the  ballots  cast  at  such  caucus  for  such  nomination 
or  elective  office  until  such  claim  is  withdrawn  or  the  con- 
test for  the   nomination  or  election   is   fully  determined    by 


vote,  how  made. 


ELECTIONS. 


159 


In  Providence 


the  board  of  canvassers  in  Pawtucket,  or  by  the  board  of 
canvassers  and  registration  in  Providence. 

The  city  clerk  of  Pawtucket  shall  forthwith  notify  the  Notice  of  recount. 
members  of  the  board  of  canvassers  of  said  city  of  the  filing 
of  such  petition,  and  it  shall  be  the  duty  of  said  board  of 
canvassers  in  Pawtucket  to  forthwith  convene  in  their 
chamber  at  the  city  hall  and  to  cause  notice  in  writing  to  be 
served  upon  all  other  candidates  for  the  same  office  receiv- 
ing votes  at  said  caucus,  at  the  expense  of  the  petitioner,  of 
the  filing  of  such  petition  for  a  recount,  and  shall  appoint  a 
time  and  place  for  the  recount  of  said  ballots  within  twenty- 
four  hours  from  the  time  of  ordering  such  notice.  At  the 
time  specified  by  said  board  of  canvassers  said  city  clerk 
shall  transmit  to  such  board  all  the  ballots  cast  at  such  cau- 
cus and  the  voting  list  used  thereat.  In  the  city  of  Provi- 
dence like  proceedings  shall  be  observed  by  the]^board  of 
canvassers  and  registration,  at  the  expense  of  the  petitioner; 
and  at  the  appointed  time  and  place  said  board  of  canvass- 
ers of  Pawtucket,  and  board  of  canvassers  and  registration 
in  Providence,  respectively,  shall  proceed  to  recount  said 
ballots,  and  to  hear  and  determine  all  questions  raised  for  or 
against  the  counting  of  the  same  or  of  any  thereof,  and  such 
recount  shall  stand  as  the  true  record  and  result  of  the  vote 
cast  at  such  caucus,  and  the  proper  officer  shall  cause  the 
names  of  the  persons  so  declared  to  be  nominated  for  any 
elective  office  to  be  printed  upon  the  official  ballots,  in  ac- 
cordance with  the  certificate  of  such  recount  by  said  board 
of  canvassers  in  Pawtucket,  or  the  board  of  canvassers  and 
registration  in  Providence,  respectively,  which  shall  be 
deemed  to  be  made  and  filed  as  of  the  day  of  holding  such 
caucus. 

Any  candidate  receiving  votes  at  such  caucus  for  such 
nomination  or  office  may  be  present  during  such  recount, 
either  in  person  or  by  an  agent  duly  appointed   in    writing. 

Sec.   14.     Caucuses  relative  to  a  special  election  shall  be   Caucuses  for  special 

clGCtionsa 

held  at  such  time  and  place,  and  subject  to  such  reasonable 
notice,  as  the  political  committee  whose  duty  it  is  to  provide 
for  holding  the  same  may  determine.  All  calls  for  the  same 
shall   be  issued   by  the   chairman  and   secretary  of   the  city 


Presence  of  candi- 
dates at  recount. 


160  ELECTIONS. 

committee  of  said  cities;  and  when  called,  they  shall  be  held 
in  the  same  manner  and  subject  to  the  same  rules  as  govern 
caucuses  called  for  elections  whose  date  is  fixed  by  law. 
Penalties  on  public        Sec.   15.     Every    public   officer,  or   officer  of   a  political 

officers  and  political  iii-irii  -i  ri  ■•  r 

officials.  party,  who   shall    wilfully  violate   any  of  the  provisions    of 

this  act,  or  shall  refuse,  or  wilfully  neglect  and  omit,  to  per- 
form, in  the  manner  and  within  the  time  prescribed,  any 
duty  imposed  upon  him  by  this  act,  shall  be  fined  not  less 
than  fifteen  nor  more  than  fifty  dollars,  or  imprisoned  in 
jail  for  a  period  not  exceeding  thirty  days,  or  both. 
Penalty  for  illegal  Every  person  at  a  caucus  who,  knowing  that  he  is  not  en- 
votmg.  titled    to  vote,  votes   or   attempts  to  vote  ;  or  votes   or  at- 

tempts to  vote  upon  any  other  name  than  his  own ;  or  votes 
or  attempts  to  vote  more  than  once  upon  his  own  name  ;  or 
deposits  or  attempts  to  deposit  more  than  one  ballot  for  any 
candidate  for  any  elective  office  or  delegate  to  any  conven- 
tion or  caucus  officer  or  member  of  any  political  committee 
on  the  same  balloting ;  or  at  any  caucus  gives  a  false 
answer  to  any  caucus  clerk  or  the  presiding  officer  of  any 
caucus  relative  to  his  right  to  vote  at  such  caucus,  shall  be 
punished  by  imprisonment  in  jail  not  exceeding  thirty  days. 
Penalty  for  aiding        VVhocvcr  aids  or  abcts  a  person  not  entitled  to  vote  at  a 

or  for  abetting  illegal  .  ^.  ._^  i-         ^  ^  i  ^i 

voting.  caucus  lu  voting  or  attempting  to  vote   under  a  name   other 

than  the  voter's  own  name,  or  in  voting  twice  upon  the 
voter's  own  name,  or  aids  or  abets  a  person  in  depositing 
or  attempting  to  deposit  at  a  caucus  more  than  one  ballot 
as  aforesaid  on  the  same  balloting,  shall  be  punished  by 
imprisonment  in  jail  not  exceeding  thirty  days. 

Penalty  for  falsifying  Whoever  wilfully  alters  or  wilfully  makes  any  change, 
erasure,  or  additional  check  in  the  names  checked  upon  the 
check  list  used  or  to  be  used  at  a  caucus,  or,  having  custody 
or  control  of  such  check  list,  shall  suffer  or  permit  any  alter- 
ation, change,  erasure,  or  additional  check  to  be  made  in 
the  names  checked  upon  such  check  list,  shall  be  punished 
by  imprisonment  in  jail  not  exceeding  sixty  days. 

Penalties  not  otber-        Exccpt    as  Otherwise   herein   provided,  the  penalties  im- 

wise  provided.  i     i        i  i         •  i  ,  rr  i  ^ 

posed  by  law  upon  election  and  other  officers  and  voters 
who  violate  the  provisions  of  acts  regulating  state  elections 
are    hereby  imposed  upon  the  same   and    like    caucus   and 


ELECTIONS.  161 

Other  officers  and  voters  for  the  same  and  like  violations  of 
this  act. 

Sec.   10.     It  shall  be   the  duty  of   every  police   or  other       Arrest  without 

warrant. 

peace  officer  or  constable  to  arrest  without  warrant  any  per- 
son detected  in  the  act  of  violating  the  provisions  of  this 
act. 

Sec.   17.     All  state,  city,  and  ward  committees  which  are      Application  of  this 

act  to  existing  politi- 

in  existence  at  the  date  of  the  passage  of  this  act  shall  be  cai  committees. 
subject  to  the  provisions  of  this  act,  and  shall  hold  office  See  also  page  149. 
until  the  first  day  of  May,  a.  d.  1900,  and  until  their  suc- 
cessors shall  have  organized  :  p^vinded,  that  such  state,  city 
and  ward  committees  as  shall  have  been  elected,  but  not  or- 
ganized, at  the  time  of  the  passage  of  this  act,  shall  hold 
office  from  the  date  of  their  organization  until  said  first  day 
of  May,  A.  D.  1900,  and  until  their  successors  shall  have  or- 
ganized. 

The  foregoing  provisions   of  this   act  shall  apply  to  the  Newport. 

r     XT  ^  •      ^1  ii  1      *       *.!  •..       Act  of  1S99,  Ch.  709. 

city  of   Newport  in  the  same  way  as   they  apply  to   the  city  ^^^^^  1901  ch.  867 

of  Pawtucket.  Sec.'7. 

Sec.   18.     All  acts  and  parts  of  acts  inconsistent  herewith  Operative  clause. 
are  hereby  repealed;  and  this  act  shall  take    effect  upon 

its  passage. 
21 


162 


ELECTIONS. 


Chapter  859 

of  March  29,  1901. 


AN  ACT  IX  RELATION  TO  THE  USE  OF  VOTING 
MACHINES. 


Section 

1.  Authority  to  use  voting  machines. 

2.  Capabilities    of     lawful    machines  ; 

record  on  paper;  counting  machine: 
construction  ;  secrecy  ;  prevention 
of  fraud. 

3.  Examination  of  voting  machines  by 

State  returning  board;  mechanical 
experts. 

4.  Adoption    of    voting    machines     by 

cities  and  towns  ;  capacity  of  such 
machines. 

5.  Sufficient  number  to  be  purchased. 

6.  Minimum  number  of  machines  ;  sep- 

arate machines  for  property  voters 
in  cities. 

7.  Notice  of  adoption. 

8.  Voting  machines  already  owned  may 

be  used,  if  adequate ;  inadequate 
machines  prohibited ;  manner  of 
voting  if  not  by  machine. 

9.  Machines  to  be  numbered. 

10.  Election  officers  to  be  instructed  in 

use  of  machines. 

11.  Voting  places  to  be  also  equipped  as 

for  elections  under  secret  ballot 
law ;   location  of    voting  machine. 

12.  Method  of  voting  if  machines  are 

not  ready  at  the  opening  of  the 
polls. 

13.  Method   of   voting  if  the    machines 

fail  or  are  inadequate ;  supervision 
of  voting  by  machine  and  con- 
tinuance of  election  by  secret  ballot 
law. 

14.  Contemporaneous  voting  by  machine 

and  by  ballot  prohibited,  excepting 
scattering  voting ;  repair  of  voting 
machine  during  election  prohibited. 

15.  Definitions  :       "ballot      caption  "  ; 

"face  plate";  "tally  sheet"; 
"  diagram." 

16.  Arrangement  and  form  of  ballot  cap- 

tions of  Republican,  Democratic 
and  other  parties,  by  secretary  of 
state  and   by  city  and  tovra  clerks ; 


Section 

different  ballot  captions  may  be  in 
same  column,  when  ;  questions  sub- 
mitted to  the  people. 

17.  Designation  of  ballot  captions  to  be 

made  and  notified  by  secretary  of 
state. 

18.  Arrangement  of  candidates  and  ques- 

tions on  ballot  captions  ;  paper  and 
type. 

19.  Form  of  tally  sheets. 

20.  Form  of  instruction  sheets. 

21.  Ballot    captions,    tally    sheets,    dia- 

grams and  instruction  sheets,  by 
whom  furnished  ;  posting  in  public 
places ;  diagrams  and  instruction 
sheets  for  polling  places,  and  post- 
ing thereof. 

22.  Adjustment  of   voting  machines  for 

elections  ;  counters  at  zero ;  ballot 
captions  ;  tally  sheets  ;  locks  and 
seals. 

23.  Supervision  of  machines  during  elec- 

tion ;  method  of  voting. 

24.  Conduct  of  electors  within  guard  rail. 

25.  Time  allowed  at  the  voting  machine. 

26.  Scattering  voting. 

27.  Assistance   in    voting ;     secrecy   im- 

posed. 

28.  Instructions  in  voting  after   entering 

the  machine  ;  prohibitions. 

29.  Voting  to  be  secret. 

30.  Of    right    to   vote    after    entering  a 

machine. 

31.  Use  of  ballots. 

32.  Supervisors  of  election. 

33.  Record  of  election  ;  count  and  declar- 

ation of  election. 

34.  Application  of  ballot  law  to  elections 

by  machine. 

35.  Penalty    for    false    statement  of  in- 

ability. 

36.  Penalty  for  willful  injury  to  posters. 

37.  Penalty  for  neglect  of  duty  by  elec- 
■     tion  officers. 

38.  Operative  clause. 


Authority  to  use 
voting  machines. 


//  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.  The  use  of  such  voting  machines  as  shall 
have  been  examined  and  approved  by  the  state  returning 
board,  in  the  election  of  all  officers   by  the  electors,  and  in 


ELECTIONS. 


163 


voting  upon  propositions  of  amendment  of  the  constitution 
and  upon  questions  submitted  to  the  electors  of  the  state  or 
of  any  city  or  town,  is  hereby  authorized  under  the  restric- 
tions provided  in  this  act. 

Sec.  '2.  No  voting  machine  shall  be  so  approved  or  used 
unless  it  accurately  makes  upon  paper  a  mark,  indentation 
or  perforation  for  every  vote  cast  for  any  candidate,  and  for 
or  against  any  proposition  of  amendment  or  question  sub- 
mitted to  the  electors,  in  such  manner  that  the  paper  bear- 
ing such  marks,  indentations  or  perforations  may  be  re- 
moved from  such  voting  machine  at  the  close  of  the  voting, 
and  be  sent  to,  and  counted  by,  the  board  or  council  re- 
quired by  law  to  count  such  votes,  in  like  manner  as  official 
ballots  might  be  sent  and  counted,  and  unless  such  machine 
is  equipped  with  a  counter  which  records  the  total  number 
of  electors  who  use  such  machine.  Such  machines  must 
also  be  constructed  with  at  least  five  columns  of  buttons, 
levers,  or  other  devices,  for  recording  the  choice  of  the 
electors,  each  of  which  columns  maybe  devoted  to  all  of  the 
candidates  of  one  party  or  organization.  Such  machines 
must  permit  voting  to  be  done  in  absolute  secrecy,  and  must 
prevent  the  vote  of  any  elector  who  votes  for  more  than  one 
candidate  for  the  same  office  from  being  counted  and  pre- 
vent any  elector  from  voting  for  any  one  candidate  twice. 

Sec.  8.  The  state  returning  board  shall  from  time  to 
time  examine  such  voting  machines  as  in  its  opinion  will 
probably  comply  with  the  requirements  of  this  act,  and  if 
satisfied  as  to  the  durability,  accuracy,  efficiency,  and  capa- 
city, of  any  such  machine,  and  that  it  does  comply  with  the 
requirements  of  this  act,  shall  approve  the  same,  and  there- 
after such  machine  may  be  used  as  provided  in  section  one 
hereof.  In  makihg  such  examination  said  board  may  em- 
ploy mechanical  experts  to  assist  it,  and  the  bill  for  the  ser- 
vices of  such  experts  shall  be  paid,  by  the  person  or  persons 
offering  such  machine  for  examination,  before  such  examina- 
tion is  had. 

Sec.  4.  The  city  council  of  any  city,  and  the  town 
council  of  any  town,  in  which  an  appropriation  therefor  has 
been  made  by  the    qualified  electors  thereof,   may   adopt, 


Capabilities  of  lawfuj 
machines. 


Record  on  paper. 


Counting  machine. 
Construction. 


Secrecy. 


Prevention  of  fraud. 


Examinations  of 
voting  machines  by 
the  state  returning 
board. 


Mechanical  experts. 


Adoption  of  voting 
machines  by  the  cities 
and  towns. 


164 


ELECTIONS. 


Capacity  of  such 
machines. 


See  section  8,  p.  1(35. 


Sufficient  number  to 
be  purchased. 


Minimum  number 
of  machines. 


Separate  machines 
for  property  voters  in 
cities. 


Notice  of  adoption. 


purchase  and  furnish  for  all  elections  in  such  city  or  town 
any  voting  machine  approved  by  the  state  returning  board 
in  accordance  with  the  provisions  of  this  act ;  but  all  voting 
machines  so  purchased,  and  all  voting  machines  purchased 
by  the  secretary  of  state  under  the  provisions  of  Chapter 
794  of  the  public  laws,  for  any  city  or  town,  shall  be  of 
such  size  as  to  afford  opportunity  for  voting,  in  each  column 
thereof,  for  all  officers  who  at  the  time  of  such  purchase  are 
required  by  law  to  be  voted  for  at  one  time  in  such  city  or 
town,  and  for  at  least  six  additional  officers. 

Sec.  5.  In  every  city  or  town  where  voting  machines 
have  been  adopted,  a  sufficient  number  of  such  machines 
shall  be  purchased  to  enable  all  the  electors  of  such  city  or 
town  to  vote  by  the  use  of  such  machines,  and  thereafter 
the  election  of  all  officers  by  the  electors  thereof  and  the 
voting  upon  all  propositions  or  questions  submitted  to  the 
electors  thereof,  shall  be  done  by  the  use  of  such  machines, 
except  as  provided  in  this  act :  provided^  that  the  voting  in 
annual  or  special  town  meetings  upon  propositions  to  impose 
a  tax,  or  upon  questions  in  voting  the  expenditure  of  money, 
need  not  be  so  done. 

Sec.  6.  At  each  voting  place  where  such  voting  machines 
are  used,  at  least  one  voting  machine  shall  be  furnished  for 
every  five  hundred  qualified  electors,  and  for  every  fraction 
of  five  hundred  qualified  electors  in  excess  of  one  hundred, 
whose  names  are  upon  the  voting  list  used  at  such  voting 
place,  and  entitled  to  use  such  machine.  At  each  such  vot- 
ing place,  in  all  cities,  at  elections  for  mayor  and  members 
of  the  board  of  aldermen  and  common  council,  registered 
voters  shall  not  be  permitted  to  vote  upon  any  voting  ma- 
chine used  by  voters  qualified  to  vote  for  members  of  such 
boards  or  councils. 

Sec.  7.  The  clerk  of  any  city  or  town  which  adopts  and 
purchases  voting  machines  in  accordance  with  the  provis- 
ions of  this  act,  shall  forthwith  notify  the  secretary  of  state 
of  such  adoption  and  purchase,  and  no  such  voting  machine 
shall  be  used  in  any  election  in  any  such  city  or  town  until 
thirty  days  thereafter. 


ELECTIONS. 


165 


Sec.  8.  Voting  machines  which  at  the  time  of  the  pas- 
sage of  this  act  have  been  purchased  by,  or  supplied  to,  any- 
city  or  town  in  accordance  with  the  provisions  of  the  then 
existing  law,  may  hereafter  be  used  in  elections  in  such  city 
or  town,  although  not  complying  with  the  requirements  of 
this  act  concerning  the  capacity  of  such  machines  for  can- 
didates' names,  if  they  are  adequate  in  that  respect  for  the 
purposes  of  elections  held  therein.  No  voting  machine 
shall  be  used  in  any  election  where  voting  for  all  the  candi- 
dates and  questions  to  be  voted  upon  cannot  be  done  by 
means  of  such  machines  ;  but  in  such  elections  all  voting 
shall  be  done  in  accordance  with  the  provisions  of  law 
which  would  apply  if  the  use  of  voting  machines  had  not 
been  ordered. 

Sec.  9.  Every  voting  machine  so  used  shall  be  num- 
bered, and  the  number  thereof  shall  be  painted  upon  such 
machine  in  figures  not  less  than  three  inches  in  length. 

Sec,  10.  Every  city  or  town  which  ^adopts  or  purchases 
voting  machines  shall  employ  some  skilled  mechanic  to  fa- 
miliarize himself  with  the  construction  and  operation  there- 
of, and  to  instruct  from  time  to  time  election  officers,  as  they 
are  appointed  or  elected,  in  the  operation  of  such  machines. 

Sec.  11.  Every  voting  place  at  which  such  voting  ma- 
chines are  used  in  the  election  of  officers,  or  in  voting  upon 
propositions  or  questions  required  by  law  to  be  voted  for  or 
upon  under  the  provisions  of  chapter  eleven  of  the  General 
Laws,  shall  also  be  equipped  in  all  particulars,  and  supplied 
with  official  ballots  in  the  same  manner  and  by  the  same 
persons,  as  is  provided  in  said  chapter  ;  and  all  such  voting 
machines  used  thereat  shall  be  placed  within  the  guard-rail, 
and  located  as  far  as  possible  conformably  to  the  provis- 
ions of  said  chapter  in  relation  to  the  placing  of  voting 
shelves,  by  the  persons  charged  with  the  duty  of  placing 
voting  shelves  by  said  chapter. 

Sec.  12.  In  case  the  voting  machines,  or  any  of  them, 
required  by  law  for  use  at  any  such  voting  place  are  not  in 
position  and  in  working  order  at  the  time  for  opening  the 
polls  thereat,  all  voting  at  such  voting  place  upon  that  day 
shall   be    done  in   accordance  with   the   provisions   of  law 


Voting  machines 
already  owned,  may 
be  used  if  adequate. 

See  section  4,  p.  163. 


Inadequate  machines 
prohibited. 


Manner  of  voting,  if 
not  by  machine. 


Machines  to  be  num- 
bered 


Election  officers  to 
be  instructed  in  use 
of  machines. 


Voting  places  to  be 
also  equipped  as  for 
elections  under  the 
secret  ballot  law. 


Location  of  voting 
machines. 


Method  of  voting, 
if  machines  are  not 
ready  at  opening  of 
polls. 


166 


ELECTIONS. 


Method  of  voting 
if  machines  fail,  or 
are  inadequate. 


Suspension  of  vot- 
ing by  machine,  and 
continuance  of  elec- 
tion under  secret  bal- 
lot law. 


Contemporaneous 
voting  by  machine 
and  by  ballot,  pro- 
hibited, except  scat- 
tering voting. 


Repair  of  voting 
machine  during  elec- 
tion, prohibited. 


Eallot-caption. 


"  Face-plate." 

"  Tally-sheet.'' 
"  Diagram." 


which  would  apply  if  the  use  of  voting  machines  had  not 
been  ordered. 

Sec.  13.  In  case  at  any  such  voting  place,  after  voting 
by  the  use  of  voting  machines  has  commenced,  any  voting 
machine  shall  fail  to  operate,  the  moderator  or  warden  shall 
immediately  seal  up  the  opening  of  such  machine,  and  shall 
immediately,  if  but  one  voting  machine  is  furnished  thereat, 
or  as  soon  thereafter  as  in  his  opinion  the  remaining  voting 
machines  do  not  furnish  ample  opportunity  for  all  electors 
to  record  their  votes  when  offered,  suspend  the  use  of  all 
voting  machines  at  such  voting  place  on  that  day  and  seal 
up  the  opening  of  each  such  machine  which  has  been  used. 
Thereafter  on  that  day  all  voting  thereat  shall  be  done  in 
accordance  with  the  provisions  of  law  which  would  apply  if 
the  use  of  voting  machines  had  not  been  ordered. 

Sec.  11.  In  no  case,  at  any  voting  place,  shall  votingfor 
or  upon  the  same  candidates,  propositions,  or  questions,  by 
the  use  of  voting  machines  and  by  ballot  be  permitted  at 
one  and  the  same  time,  except  as  provided  in  section 
twenty-six  of  this  act;  and  -in  no  case  shall  any  attempt  be 
made  by  any  election  officer  or  other  person  to  repair  or  cor- 
rect the  operation  of  any  voting  machine  which  has  failed 
to  operate,  after  voting  by  its  use  has  commenced,  until 
after  the  close  of  the  polls  and  the  removal  from  such  vot- 
ing machines  of  the  paper  record  therein,  and  the  recording 
of  the  counter  record  of  such  machine  by  the  moderator  or 
warden  and  clerk. 

Sec.  15.  For  the  purposes  of  this  act  a  ballot-caption  is 
defined  to  be  the  list  of  candidates  of  one  political  party  or 
organization  and  of  the  propositions  or  questions  required 
by  law  to  be  printed  as  a  part  of  said  list,  which  is  affixed 
to  the  face-plate  of  the  voting  machine  in  appropriate  rela- 
tion to  the  push-buttons  or  other  devices  by  which  the  elec- 
tor records  his  choice.  A  face-plate  is  defined  to  be  that 
part  of  the  voting  machine  upon  which  are  displayed  the 
subjects  of  the  election  for  the  guidance  of  the  voter.  A 
tally-sheet  is  defined  to  be  the  paper  on  which  the  voting 
machine  records  by  marks,  indentations  or  perforations  the 
votes   cast  by  the  electors.     A  diagram   is  defined  to  be  a 


ELECTIONS. 


167 


printed  representation  of  the  face-plate  of  the  voting  ma- 
chine as  it  appears  when  the  ballot-captions  are  affixed 
thereto. 

Sec.  16.  In  equipping  such  voting  machines  for  use, 
the  ballot-captions  shall  be  arranged  upon  the  face-plate  in 
columns,  and  each  ballot-caption  shall  contain  the  names  of 
all  the  candidates  tor  election  who  have  been  duly  nomi- 
nated on  behalf  of  the  political  party  assigned  to  that  col- 
umn. Beginning  at  the  left  of  the  face-plate,  the  ballot- 
caption  of  the  republican  party  shall  be  arranged  in  the 
first  column ;  the  ballot-caption  of  the  democratic  party 
shall  be  arranged  in  the  second  column,  and  the  ballot- 
captions  of  other  parties  or  organizations  in  the  columns 
designated  by  the  secretary  of  state  for  all  such  other  par- 
ties or  organizations  which  nominate  candidates  for  national, 
congressional,  or  general  officers,  or  members  of  the  general 
assembly,  and  by  the  city  and  town  clerks  for  all  such  other 
parties  or  organizations  which  nominate  candidates  for  city, 
town,  and  voting  district  officers  only.  Columns  which  have 
been  so  designated  by  the  secretary  of  state  for  such  other 
parties  or  organizations  which  do  not  make  nominations 
for  city,  town,  or  voting  district  officers  may  be  also  desig- 
nated by  city  or  town  clerks  for  parties  or  organizations 
which  make  nominations  for  such  officers  only,  in  case  the 
number  of  parties  or  organizations  making  nominations  ex- 
ceeds the  number  of  columns  upon  the  face-plate  of  the 
voting  machines.  In  each  of  the  columns  designated  by 
this  act,  or  by  the  secretary  of  state,  for  a  political  party  or 
organization,  shall  be  printed,  as  a  part  of  the  ballot-caption 
of  such  party  or  organization,  the  title  of  any  proposition 
of  amendment  of  the  constitution  or  question  which  is  to 
be  voted  upon,  with  such  description  thereof  as  space  will 
allow,  in  such  manner  that  the  electors  may  approve  or 
reject  such  proposition  or  question. 

Sec.  17.  Immediately  upon  the  expiration  of  the  time 
for  filing  nominations  with  the  secretary  of  state,  he  shall 
make  the  designations  required  to  be  made  by  him  by  the 
provisions  of  section  sixteen  of  this  act,  and  shall  at  once 
notify  the  clerks  of  the  cities  and  towns  where  voting 
machines  are  used,  of  such  designations. 


Arrangement  of  the 
ballot-captions. 


Republican. 
Democratic. 

Other  parties. 
By  whom  arranged. 


Different  captions 
may  be  in  the  same 
column,  when. 


Questions   submitted 
to  electors. 


Designation  of  the 
columns  assigned  to 
third  parties. 


168 


ELECTIONS. 


Paper  and  type. 


Form  of  tally-sheets. 


Arrangement  of  the        Sec.  18.     The   arrangement  of  the  names  of  candidates 

names   of  candidates 

and  questions  on  the   to  DC  votcd  for,  and  of  propositions  of  amendment  and  ques- 

ballot-captions.       '  . 

tions  to  be  voted  for  and  against,  on  the  ballot-captions  of 
the  several  parties,  shall  be  as  follows  : 

First — Electors  of  president  and  vice-president. 

Second — Representatives  in  congress. 

Third — General  officers. 

Fourth — Proposed  amendments  of  the  constitution. 

Fifth — Questions  submitted  to  the  electors  of  the  state. 

Sixth — Senators  and  representatives  in  the  general  as- 
sembly. 

Seventh — The  question  of  granting  liquor  licenses. 

Eighth — City  and  town  officers. 

Ninth — Other  questions  submitted  to  the  electors  of  any 
city  or  town. 

Tenth — Voting  district  officers. 

Ballot-captions  shall  be  printed  upon  white  paper  in  as 
clear  and  distinct  type  as  the  space  will  allow. 

Sec.  19,  The  tally-sheets  used  in  such  voting  machines 
shall  be  properly  ruled  and  spaced  for  the  purposes  of  the 
election,  and  upon  each  tally-sheet,  or  upon  a  like  ruled  and 
spaced  paper  which  shall  be  pasted  upon  such  tally-sheet, 
shall  be  printed  the  names  of  the  candidates  to  be  voted  for 
and  the  titles  of  the  propositions  or  questions  to  be  voted 
upon,  within  the  spaces  in  which  the  marks,  indentations  or 
perforations  recording  the  votes  cast  for  such  candidates, 
or  for  and  against  such  propositions  and  questions,  will 
appear  ;  and  on  each  such  tally-sheet  or  paper  shall  be 
printed  or  written  the  name  of  the  city  or  town  and  voting 
district  where,  and  the  number  of  the  voting  machine  in 
which,  it  is  used. 

Sec.  20.  Instruction  sheets  shall  be  printed  on  white 
paper  or  cardboard,  in  clear  type,  and  shall  contain  full 
instructions  as  to  the  method  of  voting  by  such  machines  ; 
the  method  of  obtaining  assistance  in  their  operation  ;  the 
method  of  procedure  by  electors  who  desire  to  vote  for  per- 
sons whose  names  do  not  appear  on  the  ballot-captions;  and 
generally  any  information  which  will  assist  the  electors  in 
voting. 


t'orni  of  instruction 
sheets. 


ELECTIONS. 


169 


Sec.  21.  The  secretary  of  state  and  the  clerks  of  the 
cities  and  towns  where  such  voting  machines  are  used  shall 
for  all  elections  held  therein  prepare  and  supply  ballot-cap- 
tions, tally-sheets,  diagrams,  and  instruction  sheets,  in  the 
same  manner,  at  the  same  times,  and  to  the  same  persons, 
as  they  are  required  by  the  provisions  of  chapter  eleven  of 
the  General  Laws  to  furnish  official  ballots,  specimen  bal- 
lots, lists  of  candidates  and  instruction  sheets.  Said  dia- 
grams shall  be  posted  in  such  cities  and  towns  previous  to 
the  day  of  election,  by  the  same  persons,  at  the  same  times, 
and  in  the  same  number  and  manner,  as  lists  of  candidates 
are  required  to  be  by  said  chapter.  For  each  polling  place 
where  such  voting  machines  are  used  there  shall  be  so  sup- 
plied at  least  ten  diagrams  and  ten  instruction  sheets  ;  and 
for  each  voting  machine  used  thereat,  at  least  two  tally- 
sheets  and  two  sets  of  ballot-captions.  Such  diagrams  and 
instruction  sheets  shall  be  posted  up  in  such  voting  places 
by  the  moderator  or  warden  before  the  opening  of  the  polls. 

Sec.  22.  Before  the  opening  of  the  polls  at  any  voting 
place  where  voting  machines  are  used,  the  moderator  or 
warden  shall  set  the  counter  of  each  such  machine  at  zero, 
and  the  clerk  and  each  of  the  supervisors  at  such  voting 
place  shall  satisfy  himself  that  this  has  been  done.  The 
moderator  shall  also,  before  the  opening  of  the  polls,  affix 
the  ballot-captions  to  the  face-plate  of  each  machine,  in  the 
columns  shown  in  the  diagrams,  and  carefully  and  accurately 
insert  in  their  places  in  each  machine  the  necessary  tally- 
sheets.  He  shall  then,  in  the  presence  of  the  other  elec" 
tion  officers,  lock  and  seal  the  opening  of  the  machine 
through  which  the  tally-sheets  are  inserted,  and  it  shall  not 
be  unlocked  or  unsealed  by  any  person,  on  any  pretext 
whatever,  until  after  the  close  of  the  polls. 

Sec.  23.  Each  such  voting  machine  during  the  time  of 
voting  shall  be  in  the  charge  of  a  supervisor  designated  by 
the  moderator  or  warden.  Before  any  elector  enters  any 
such  machine  he  shall  give  his  name  to  the  supervisor,  who 
shall  repeat  it  in  a  clear,  distinct  voice  to  the  moderator  or 
warden  and  clerk.  The  clerk  shall  thereupon  check  such 
name  upon  the  voting  list,  and  when  the  moderator  or  war- 


By  whom  ballot- 
captions,  tally-sheets , 
diagrams, and  instruc- 
tion sheets  are  to  be 
furnished. 


Posting  in  public 
places. 


Diagrams  and  in- 
struction sheets  for 
polling  places,  and 
posting  thereof. 


Adjustment  of  the 
voting  machines  for 
elections. 


Ballot-captions. 


Tally-sheets 


Locks  and  seals. 


Supervision  of  the 
machines  during  an 
election. 

Method  of  voting. 


170 


ELECTIONS. 


Conduct  of  electors 
within  guard-rail. 


Time  allowed  at  the 
voting  machine. 


Scattering  voting. 


Assistance  in  voting. 


Secrecy  imposed. 


Instruction  in  vot- 
ing, after  entering  the 
machine. 


den  announces  that  such  name  has  been  checked,  the  super- 
visor in  charge  of  such  machine,  shall  allow  such  elector  to 
enter  the  same  and  vote. 

Sec.  24.  Upon  being  admitted  within  the  guard-rail  by 
the  supervisors,  each  elector,  except  as  provided  in  section 
twenty-six  of  this  act,  shall  immediately  proceed  to  a  voting 
machine  and  vote,  or  shall,  under  the  direction  of  the  mod- 
erator or  warden,  or  of  a  supervisor  designated  by  the  mod- 
erator or  warden,  take  his  place  in  the  line  of  electors 
awaiting  an  opportunity  to  vote.  So  far  as  may  be,  said 
line  shall  be  formed  in  the  order  in  which  the  electors  are 
admitted  within  the  guard-rail,  and  every  elector,  except  the 
election  officers,  shall  pass  outside  of  the  guard-rail  as  soon 
as  he  has  voted. 

Sec.  25.  No  elector  shall  be  permitted  to  remain  at  the 
voting  machine  longer  than  one  minute  if  more  than  ten 
other  electors  are  waiting  for  an  opportunity  to  vote  ;  and 
in  no  case  shall  an  elector  be  permitted  to  remain  longer 
than  two  minutes  at  the  machine. 

Sec.  26,  Any  elector  who  desires  to  vote  for  a  person 
whose  name  does  not  appear  on  any  ballot  caption,  shall 
state  that  fact  to  the  moderator  or  warden  immediately  upon 
passing  within  the  guard-rail.  He  shall  not  be  allowed  to 
vote  upon  a  voting  machine,  but  shall  vote  in  accordance 
with  the  provisions  of  law  which  would  apply  if  the  use  of 
voting  machines  had  not  been  ordered. 

Sec.  27.  Any  elector  who  declares  to  the  moderator  or 
warden  that  he  cannot  read  the  ballot-captions,  or  that  by 
reason  of  blindness  or  other  physical  disability,  he  is  unable 
to  operate  the  voting  machine,  shall,  at  the  direction  of 
the  moderator  or  warden,  receive  the  assistance  of  two  of 
the  supervisors,  one  a  republican  and  the  other  a  democrat, 
in  operating  the  voting  machine  for  the  purpose  of  voting, 
and  such  supervisors  shall  not  thereafter  give  any  informa- 
tion regarding  the  same. 

Sec.  2S.  In  case  any  elector,  after  entering  a  voting 
machine,  shall  ask  for  further  instructions  concerning  the 
manner  of  voting,  he  shall  at  the  direction  of  the  moderator 
or  warden   be  given   such  instructions   by  two  supervisors. 


ELECTIONS.  171 

one  a  republican   and    the   other   a  democrat ;  but  no  such        Prohibitions. 

supervisor  shall  in  any  manner  request,  suggest,  or  seek  to 

persuade  or  induce  any  such  elector  to  vote  for  or    against 

any  party  or  candidate,  or  for  or  against  any  proposition  or 

question.     After    receiving    such  instructions   such   elector 

shall  vote  as  in  the  case  of  an  unassisted  voter. 

Sec.  29.     No  election  officer,  except  as  provided  by  law,   voting  to  be  secret 
and  no  other  person,  when  within  said  inclosed  space,  shall 
witness,   or   attempt  to   witness,  the   act  of  voting    by  any 
elector  other  than  himself. 

Sec.  30.     No  elector,  after  entering  any^voting  machine,    of  rigiit  to  vote 
shall  be  permitted  upon   that  day  to  vote  in  any  other  man-    entering  a  mac  nne 
ner  for  the  candidates  or  upon  the  propositions  or  questions 
displayed  upon  the  ballot-captions  of   such  machine,  unless 
such  voting  machine  fails  to  record  his  vote. 

Sec.  81.     No    ballot  of    any  kind  shall   be  given  out   or       Use  of  ballots. 
used  at  any  voting   place  where  voting  machines   are   used, 
except  by  direction  of  the  moderator  or  warden   given   pur- 
suant to  the  provisions  of  this  act. 

Sec.  32.  At  every  voting  place  where  either  one  or  two  supervisors  of 
voting  machines  are  used,  six  supervisors  in  all ;  at  every 
voting  place  where  three  voting  machines  are  used,  eight 
supervisors  in  all ;  and  at  every  voting  place  where  four 
voting  machines  are  used,  ten  supervisors  in  all,  shall  be 
appointed  to  serve,  in  the  manner  provided  in  chapter  eleven 
of  the  General  Laws. 

Sec.  33.     At    the    close    of    the   polls   the  moderator  or   Recordof  election  by 

1  1      1       1         1      11  1  1     ■       ■     1     •       .1  1  election  officers. 

warden,  and  clerk,  shall  make  a  record  in  ink  in  the  record 
book  of  the  number  of  electors  who  have  voted  in  each  vot- 
ing machine  as  shown  by  the  counter  thereof,  and  shall  re- 
move the  tally-sheets  from  the  machines,  and  shall  count,  (^-^^^1  ^nd  deciara- 
by  mechanical  counter  or  otherwise,  the  votes  given  in  for  tion  of  election. 
each  candidate  and  for  and  against  each  proposition  or 
question,  and  declare  the  same  in  open  meeting. 

Sec.   34.     All  provisions  of  law  in  relation  to  the  conduct      Application  of  bai- 
of  elections  and  to  the  handling   and  disposition   of  ballots   by  niadiin°es.^'^"'""^ 
cast  thereat,  not  inconsistent  with  the  provisions  of  this  act, 
shall  apply  to  elections  at  which  voting   machines  are   used 
and  to  the  handling  and  disposition  of  the  tally-sheets  used 
in  such  machines. 


172 


ELECTIONS. 


Penalty  for  false 
statement  of  inability. 


Penalty  for  wilful 
injury  to  posters. 


Penalty  for  neglect 
of  duty  by  election 
officers. 


Operative  clause. 


Sec.  35.  Any  elector  who  shall  make  a  false  statement 
as  to  his  inability  to  operate  a  voting  machine  shall  be  pun- 
ished by  a  fine  of  not  less  than  five  nor  more  than  one 
hundred  dollars. 

Sec.  36.  Any  person  who  shall,  previous  to  an  election, 
wilfully  deface  or  destroy  any  diagram  posted  in  accordance 
with  the  provisions  of  this  act,  or  who,  during  an  election, 
shall  wilfully  deface,  tear  down,  remove,  destroy,  or  mark 
any  instruction  sheet  or  diagram  printed  or  posted  for  the 
instruction  of  voters,  shall  be  punished  by  a  fine  of  not  less 
than  fifty  nor  more  two  hundred  dollars,  or  by  imprison- 
ment for  not  more  than  three  months,  or  by  both  such  fine 
and  imprisonment. 

Sec.  37.  Any  public  officer  upon  whom  a  duty  is  im- 
posed by  this  act,  who  shall  wilfully  neglect  to  perform 
such  duty,  or  who  shall  perform  it  in  such  a  way  as  to  hin- 
der the  objects  of  this  act,  shall  be  punished  by  a  fine  of 
not  less  than  fifty  nor  more  than  one  thousand  dollars,  or 
by  imprisonment  for  not  more  than  one  year,  or  by  both 
such  fine  and  imprisonment. 

Sec.  38.  Chapter  744  of  the  public  laws,  passed  at  the 
January  session,  a.  d.  1900,  is  hereby  repealed  ;  and  this  act 
shall  take  effect  upon  its  passage. 


173 


FRANCHISES. 


The  existing  relations  between  the  city  of  Providence  and 
the  corporations  having  franchises,  exclusive  and  otherwise, 
to  use  the  highwaj^s  for  their  business  are  governed  by 
statutes  of  the  General  Assembly  granting  franchises 
or  authorizing  contracts  to  be  made  with  these  corporations. 
Under  these  enabling  statutes  action  has  been  taken  by 
the  City  Council  in  relation'to  the  respective  corporations 
as  follows  : 

UNION    RAILROAD    COMPANY. 

On  May  3,  1892,  the  General  Assembly  passed  an  act  See  Franchise  Act, 
granting  to  the  Union  Railroad  Company  an  exclusive  right 
to  do  business  in  the  city  of  Providence  for  a  period  of 
twenty  years  from  July  1,  1892,  upon  the  payment  of  a 
special  tax  of  three  per  centum  per  annum  of  its  gross 
earnings  in  the  city  of  Providence  for  a  period  of  five  years 
and  thereafter  upon  the  payment  of  not  less  than  three  per 
centum  nor  more  than  five  per  centum  per  annum  for  each 
succeeding  period  of  five  years.  On  May  23,  1893,  the 
General  Assembly  passed  an  act  requiring  the  Providence 
Cable  Tramway  Company  and  the  Union  Railroad  Company  For  this  Act  see  p. 
to  make  additional  payments  for  the  use  of  certain  of  the 
streets  in  the  city  of  Providence,  and  in  addition  to  and  in 
amendment  of  an  act  concerning  the  Union  Railroad  Com-' 
pany  passed  at  the  January  session,  A.  d.  1892.  This  act 
also  granted  exclusive  rights  to  the  Providence  Cable  Tram- 
way Company  to  do  business  in  certain  streets  in  the  city 
of  Providence  for  a  period  of  twenty  years  from  May  8, 
1892,  and  provides  that  the  Union  Railroad  Company  as 
the  owner  of  substantially  all  of  the  stock  of  said  Tramway 
Company  shall  pay  a  special  tax  upon  its  gross  earnings 
at  the  same  rate  as  shall   at   the  same  time  be  paid  to  the 


1T4 


FRANCHISES. 


Rate  of  Special  Tax. 


city  by  said  Union  Railroad  Company.  It  was  also  pro- 
vided in  this  act  that  the  payments  required  to  be  made  by  the 
act  should  commence  whenever  the  provisions  of  this  act 
were  accepted  in  writing  by  the  city  of  Providence  by  vote 
of  its  City  Council,  and  such  assent  delivered  to  said  railroad 
companies,  and  when  the  same  shall  have  been  accepted 
by  said  companies  and  such  assent  delivered  to  said  city. 
Acceptance  by  City  On  May  29, 1893,  this  act  was  accepted  by  the  City  Council 
by  Resolution  No.  327,  and  the  agreements  therein  pro- 
vided for  were    exchanged  with   said    railroad    companies. 

By  Resolution  No.  163,  approved  May  3,  1898,  the  City 
Council  accepted  the  proposal  of  the  Union  Railroad  Com- 
pany dated  April  22,  1898,  agreeing  to  pay  to  the  city  of 
Providence  five  per  centum  per  annum  on  its  gross  receipts 
for  the  period  of  five  years  from  July  1,  1897,  the  repre- 
sentatives of  the  city  and  the  railroad  company  having  failed 
to  agree  on  the  rate  of  said  special  tax  as  provided  in 
said  act  of  1892,  and  arbitrators  having  been  appointed  to 
determine  said  rate,  but  before  action  thereon  by  the  arbi- 
trators said  company  agreed  to  pay  the  full  rate  fixed  by 
statute. 

On  January  4,  1899,  an  agreement  was  made  by  the  City 
Council  with  the  Union  Railroad  Company  to  haul  freight 
cars  in  certain  streets ;  and  provision  for  freight  traffic 
connections  was  also  made  in  Chapters  88  and  89  of  the 
city  ordinances,  approved  December  20,  1900. 

By  Resolution  No.  257,  approved  July  7,  1899,  the  City 
Council  approved  an  agreement  leasing  to  the  Union  Rail- 
road Company  a  right  of  way  for  street  railway  tracks  on 
Railroad  Terrace,  so  called,  upon  the  payment  of  a  yearly 
rental  of  $100  and  including  said  tracks  in  its  mileage 
upon  which  a  special  tax  is  paid. 

The  question  of  transfers  has  been  agitated  in  the  City 
Council  since  1887,  and  various  committees  have  reported 
on  the  subject.  Under  the  act  of  1895  (Chapter  1403) 
authorizing  the  making  of  a  supplementary  contract  between 
the  city  and  the  Union  Railroad  Company  for  the  construc- 
tion of  cross  town  lines  and  the  establishment  of  a  system 
of  transfers,  a  committee  was  appointed,  but  no  action 
was  taken  under  said  act. 


Freiglit  traffic  agree- 
ment. 


Lease     of     Railroad 
Terrace. 


Transfers. 


See  this  Act  p.  191. 


FRANCHISES. 


175 


Chapter  373,  passed   May  7,  1896,  authorizing  the  estab-  Transfers  and  Trans- 
lishment  of  a  system  of  free  transfers  and  transfer  stations         er.tations. 
^vas  considered  by  a  committee   of  the  City  Council.     On        "    ctp.  uu. 
September  14,  1896,  the  Common  Council  indefinitely  post- 
poned the  further  consideration  of  said  system  of  transfers. 

The  relations  between  street  railway  companies  and   the  Agreement   between 

State  of  Rhode  Island  are  set  forth  in  Chapter  680,  passed  panfes and'\hl  sme 

T  -1X1  ono  i*i.i      ^    iL  \  i.  ■  I  •  1-  ,  c'f  Rliode  Island. 

June  10,  1898,  entitled  "An  act  providing  for  a  tax  on  street 

.1  ,,  See  this  Act,  p.  197. 

railways. 


NARRAGANSETT   ELECTRIC    LIGHTING    COMPANY. 

On   May  19,  1892,  the  General   Assembly  passed   an  act   For  Act  referred  to 
granting  to  the  Narragansett  Electric  Lighting  Company  an  ^'^'^  p-  -  •  ■ 

exclusive  right  to  manufacture  and  distribute  electricity  for 
light,  heat  and  power  in  the  city  of  Providence  for  a  period 
of  twenty  years  from  July  1,  1892,  upon  the  payment  to  the 
city  of  three  per  centum  per  annum  of  its  gross  earnings  in 
the  city  of  Providence  for  a  period  of  ten  years,  and  not 
less  than  three  per  centum  nor  more  than  five  per  centum 
per  annum  for  the  second  term  of  ten  years.  Said  act  also 
provides  that  unless  the  city  and  said  company  shall  agree 
upon  the  price  to  be  paid  by  the  city  for  electric  street  lights 
then  the  pi  ice  of  said  street  lights  shall  be  fixed  by  arbi- 
tration. The  price  of  street  lights  was  fixed  by  arbitration 
under  a  contract  for  1,300  lights,  dated  October  29,  1892, 
authorized  by  the  City  Council  by  Resolution  No.  632, 
appr'bved  October  8,  1892.  On  March  14,  1895,  a  supple- 
mentary contract  was  made  increasing  the  number  of  lights 
to  1,800. 

On  July  5,  1898,  a  new  contract  was  made  by  the  City  contracts  for  street 
Council  with  the  Narragansett  Electric  Lighting  Company 
wliereby  said  company  agreed  to  place  its  wires  underground 
in  the  close  building  district,  and  the  term  of  the  then  exist- 
ing contracts  for  street  lights  was  extended  from  1902  to 
June  IT),  1906,  at  a  reduced  sliding  scale  of  prices.  In  con- 
sideration of  this  agreement  the  Electric  Lighting  Company 
agreed  to  pay  to  the  city  from  and  after  July  5,  1898,  until 
July  1,  1912,  five  per  centum  per  annum  on  its  gross  earnings 
in  the  city  of  Providence,  and  this  proposal  was  accepted  by 


lights. 


176 


FRANCHISES. 


Authorized     by    Ch. 
975,  p.  178. 


Chapter  843  of  the  city  ordinances,  approved  July  11,  1898. 
Contracts  were  also  made  with  the  Electric  Lighting  Company 
for  street  lights  dated  September  17,  1898,  for  illuminating 
the  approaches  to  the  new  railroad  passenger  station ;  and 
also  on  May  12, 1900,  for  1850  incandescent  electric  lights  to 
take  the  place  of  gasoline  lamps. 

PROVIDENCE    GAS   COMPANY. 

An  agreement  was  made  by  the  City  Council  with  the 
Providence  Gas  Company  under  the  provisions  of  Chapter 
975,  of  May  25,  1891,  (now  Chapter  77  of  the  General 
Laws)  granting  said  company  the  exclusive  use  of  the  high- 
ways for  the  purpose  of  distributing  illuminating  gas.  This 
contract  was  made  under  authority  of  Resolution  No.  477, 
series  of  1892,  and  grants  said  Gas  Company  a  twenty  year 
franchise  from  August  8,  1892,  upon  the  payment  to  the 
city  of  three  per  centum  per  annum  on  its  gross  earnings 
during  said  period. 


Authorized'  by     Ch. 
975,  p.  178. 


PROVIDENCE    TELEPHONE    COMPANY. 

On  December  6,  1892,  the  City  Council  passed  an  ordin- 
ance granting  the  Providence  Telephone  Company  permis- 
sion to  construct  and  maintain  underground  conduits  for 
telephone  wires,  and  to  carry  on  a  telephone  business,  upon 
the  payment  of  an  annual  tax  equal  to  one  and  one-half 
per  centum  upon  the  gross  receipts  of  its  business  derived 
from  the  rental  of  telephones  in  the  city  of  Providence. 
This  grant,  however,  provided  that  said  conduits  shall 
be  subject  at  all  times  to  the  control  of  the  City  Coun- 
cil, and  that  any  part  or  parts  thereof  "  shall  be  removed, 
altered  or  changed  on  ninety  days'  notice  in  writing,  when- 
ever in  the  opinion  of  the  City  Council,  such  removal, 
alteration  or  change  shall  be  required  for  the  public  con- 
venience." This  ordinance  was  accepted  in  writing  by  said 
Telephone  Company.  On  February  7,  1899,  a  new  ordin- 
ance (Chapter  873)  was  adopted  by  the  City  Council  author- 
izing said  company  to  build  subways  and  to  continue  to 
carry  on  a  telephone  business.  It  was  accepted  by  said 
company  in   writing,  and  by  filing  the  $25,000  bond  therein 


FRANCHISES.  177 

required,  on  February  '28,  1899.  This  ordinance  provides 
that  on  and  after  January  1,  1900,  said  company  shall  pay 
into  the  city  treasury  quarterly  three  per  centum  per  annum 
on  its  gross  earnings  derived  from  the  rental  of  telephones 
within  the  city  of  Providence.  It  also  provides  that  said 
company  shall  furnish,  free  of  expense,  ducts  for  all  city  wires, 
and  shall  also,  whenever  required,  lease  conduit  space  in 
its  subway  system  in  the  close  building  district  for  the  over- 
head wires  of  the  telegraph  and  signal  companies  located  in 
said  district.  In  case  any  competing  telephone  company 
shall  be  authorized  to  do  business  in  Providence,  and  shall 
use  any  of  the  manholes  of  said  Providence  Telephone  Com- 
pany, then  said  special  tax  of  three  per  centum  per  annum 
shall  be  abated.  This  ordinance,  however,  was  made  sub- 
ject to  the  terms  and  conditions  of  Chapter  561  (now  Chap- 
ter 54  of  the  Revised  Ordinances)  regulating  the  use  and 
operation  of  electric  wires. 

NEW  YORK,    NEW  HAVEN  AND    HARTFORD  RAILROAD  COMPANY, 

The  New  York,  New  Haven  and  Hartford  Railroad  Com-  Authorized  by  ch. 
pany  has  a  twenty  year  franchise  to  occupy  and  use  India 
street  for  its  business  upon  the  payment  to  the  city  of  $1,000 
per  annum  and  certain  other  conditions  governing  the  re- 
ception and  delivery  of  freight.  This  franchise  was  granted 
by  Chapter  88  of  the  city  ordinances,  approved  December 
20,  1900,  and  this  ordinance  was  accepted  by  said  company 
on  December  21,  1900. 

23 


178 


FRANCHISES. 


General  Laws 

Chapter  77, 
re-enacting 

Chapter  975 

x)f  INIay  29,  1.H91. 


OF  FRANCHISES  IN  HIGHWAYS. 


Section 

1.  City  Council  may  grant  fianchises  in 

streets. 

2.  Grants  may  be  for  twenty-five  years  ; 

corporation  already  established  to 
have  preference ;  neither  of  two 
or  more  corporations  already  estab- 
lished to  have  exclusive  rights 
without  consent  of  the  other ; 
private  estates  may  be  connected. 

3.  Corporations  to  make  returns  of  gross 

earnings  to  city  treasurer ;  special 
tax  to  be  paid  thereon  ;  and  if  not 


Section 

paid,  city  treasurer  may  collect 
double  the  amount ;  proportion  of 
tax  to  be  paid  to  different  towns  if 
more  than  one. 

4.  Present  rates   for  service   not    to   be 

raised  by  corporation. 

5.  Corporations  are  subject  to  regulation 

by  city  council  ;  appeal  by  corpo- 
ration for  relief  from  such  regula- 
tion. 

6.  Charge  for  use  of  streets  to  conform 

to  this  chapter. 


Franchises  in  the 
streets. 


Section  1.  Any  town  or  city,  by  vote  of  the  town  coun- 
cil or  city  council,  may  pass  ordinances  or  make  contracts 
to  be  executed  by  its  proper  officers,  granting  rights  and 
franchises  in,  over,  or  under  the  streets  and  highways  in 
such  town  or  city  to  such  corporation,  and  for  the  purposes 
and  upon  the  condition  hereinafter  specified. 

Exclusive  rights.  Sec.  2.     Such  grants,  whether  by  ordinance  or   by  con- 

tract, may  confer  upon  any  corporation  created  by  the  Gen- 
eral Assembly  of  Rhode  Island  for  the  purpose  of  dis- 
tributing water,  or  for  the  purpose  of  producing,  selling  and 
distributing  currents  of  electricity  to  be  used  for  light,  heat, 
or  motive  power,  or  for  the  purpose  of  manufacturing,  sell- 
ing and  distributing  illuminating  or  heating  gas,  or  for  the 
purpose  of  operating  street  railways  by  any  motive  power, 
or  for  the  purpose  of  operating  telephones,  the  exclusive 
right,  for  a  time  not  exceeding  twenty-five  years,  to  erect, 
lay,  construct  and  maintain  for  the  purposes  for  which  such 
corporation  is  created,  poles,  wires,  pipes,  conduits,  rails,  or 
cables,  with  necessary  and  convenient  appurtenances  as  may 
be  required  for  the  conduct  of  the  business  of  such  corpor- 
ation, in,  over   or  under  the  streets  of  such    town  or   city  : 

Established  corpo-  provided,  howcver,  that  no  grant  of  exclusive  rights  or  fran- 

rntions  to  have  prefer-        ,.  ,  .,  ,,  „  -iiiii  ii. 

er.ces.  chiscs  for  either  of  the  purposes  aforesaid  shall  be  made  by 

any  city  or  town  wherein  _at  the  time  a  corporation  created 
for  the  same  purpose,  or  a  person  duly  authorized  by  law  to 
use  the  streets  for  such  purpose,  shall  be  in  actual  use  and 
enjoyment  of  such  rights,  except  to  such  corporation  or 
person   already  carrying   on    business  in  such   city  or  town  ; 


FRANCHISES. 


179 


and  provided  fiirthe>\\.\\^\.  wheneyer  in  any  city  or  town  more 
than  one  corporation  shall  at  the  time  be  in  actual  use  and 
enjoyment  of  portions  of  the  streets  and  highways  for  either 
of  the  purposes  aforesaid,  no  exclusive  right  or  franchise 
shall  be  granted  to  either  without  the  consent  of  the  other ; 
and  pro7'ided  further,  that  no  such  grant  shall  prevent  any 
town  or  city  from  permitting  any  person  or  corporation  to 
use  such  streets  or  highways  for  any  of  the  purposes  afore- 
said in  order  to  connect  and  serve  any  two  or  more  estates 
owned  by  such  person  or  corporation. 

Sec.  3.  Every  corporation  which  shall  accept  exclusive 
rights  or  franchises  granted  by  ordinance  or  contract  under 
the  provisions  of  this  chapter,  shall  make  and  render  to  the 
treasurer  of  the  town  or  city  granting  the  same,  on  or  before 
the  thirtieth  day  of  January,  April,  July  and  October  in 
every  year,  returns,  verified  by  the  oath  of  its  president  or 
treasurer,  of  the  gross  earnings  of  such  corporation  within 
such  town  or  city  for  the  period  of  three  months  next  pre- 
ceding the  first  day  of  January,  April,  July  and  October  in 
the  same  year,  and  shall  at  the  same  time  pay  to  such  town 
or  city  treasurer,  in  full  payment  for  the  rights  and  franchises 
aforesaid,  a  special  tax  upon  said  gross  earnings  at  a  rate 
not  exceeding  three  per  centum  upon  the  gross  earnings  of 
said  corporation  within  said  town  or  city  in  such  year.  In 
case  any  such  corporation  shall  neglect  to  make  payment  of 
such  quarterly  tax  as  aforesaid,  said  town  or  city  treasurer 
may  collect  and  recover  of  said  corporation,  as  other  taxes 
are  collectible,  double  the  amount  of  the  special  tax  shown 
to  be  due  by  the  last  preceding  quarterly  return  of  such 
corporation.  In  case  any  such  corporation  shall  do  busi- 
ness in  more  than  one  town  or  city,  and  it  shall  be  unable 
to  ascertain  the  amount  of  its  gross  earnings  in  each  town 
or  city  separately  from  actual  accounts  kept  thereof,  its 
returns  of  gross  earnings  to  be  made  as  aforesaid  shall  state 
the  gross  earnings  of  its  entire  business  and  the  length  of 
its  wires,  pipes,  mains,  or  tracks  in  the  streets  and  highways 
of  each  town  or  city,  and  the  gross  earnings  from  its  busi- 
ness in  the  town  or  city  shall  be  taken  to  be  that  proportion 
of  the  whole   gross  earnings  which  the  length  of  its  wires. 


When  two  or  more 
corporations,  neither 
to  have  an  exclusive 
right  without  consent 
of  the  other. 


Private  estates  may 
be  connected. 


Corporations  are  to 
make  returns  of  gross 
earnings  to  town  or 
city  treasurers. 


Special  tax. 


When  town  or  city 
treasurer  may  collect. 


Proportion  of  tax  to 
different  towns. 


180 


FRANCHISES. 


Limit  of  price. 


Corporations  sub- 
ject to  regulations  of 
town  or  city  council. 


How  corporations 
may  secure  relief  from 
regulations. 


Charge  for  use  of 
streets. 


pipes,  mains,  or  tracks  in  the  streets  and  highways  of  such 
city  or  town  bears  to  the  total  length  of  all  its  wires,  pipes, 
mains,  or  tracks  in  streets  and  highways. 

Sec.  4.  No  corporation  which  shall  acquire  exclusive 
rights  or  franchises  under  the  provisions  of  this  chapter, 
shall,  at  any  time  during  the  continuance  thereof,  charge  for 
its  product,  wares,  or  service  to  any  town  or  city  or  the 
inhabitants  thereof,  any  greater  price  than  the  price  actually 
charged  by  it  at  the  time  of  the  granting  of  such  rights  or 
franchises,  both  prices  being  reckoned  in  United  States  gold 
coin  of  the  standard  weight  and  fineness  in  force  at  the 
time  of  granting  of  said  right  or  franchise,  or  in  the  equiva- 
lent thereof  in  actual  value  in  other  lawful  money  of  the 
United  States. 

Sec.  5.  The  use  and  enjoyment  of  all  rights  and  fran- 
chises granted  under  the  provisions  of  this  chapter  shall  be 
subject  to  such  reasonable  rules  and  regulations  and  orders, 
controlling  the  extent  and  quality  of  construction  and  ser- 
vice to  be  maintained  by  the  corporation  to  which  such 
rights  are  granted,  and  prescribing  the  location  and  arrange- 
ment of  its  tracks,  poles,  wires,  or  conduits,  and  their  appur- 
tenances, as  are,  or  may  be  from  time  to  time,  enacted  by  the 
town  or  city  councils.  In  case  any  such  regulation  or  enact- 
ment shall  seem  to  any  such  corporation  to  be  unreason- 
able, such  corporation,  within  thirty  days  after  the  same  has 
been  passed,  may  file  its  petition  in  equity  in  the  appellate 
division  of  the  Supreme  Court  praying  for  a  decision  of  the 
question  whether  such  regulation  or  order  is  or  is  not 
reasonable  in  the  premises  ;  and  thereupon  the  said  court, 
after  notice  to  the  city  or  town,  shall  proceed  to  hear  and 
determine  the  matter  according  to  the  course  of  equity,  and 
their  decision  and  decree  therein  shall  be  final  and  binding. 

Sec.  6,  No  city  or  town  shall  make  any  charge  to  any 
such  corporation  for  the  use  of  its  streets  except  under  and 
in  accordance  with  the  provisions  of  this  chapter  :  provided, 
that  any  city  or  town  may  require  that  any  street  railway 
company  shall  continue  to  conform  to  any  existing  require- 
ments as  to  paving  and  keeping  in  repair  such  streets  and 
highways. 


FRANCHISES. 


181 


AN  ACT  CONCERNING  THE  UNION  RAILROAD 
COMPANY. 


Act  Of  1892 


Section 
1.  Union   Railroad  Company  may  issue 

mortgage  bonds  for  20  years  to  the 

amount  of  $3,000,000. 
2    Exclusive   rights    for   20    years    from 

July  1,  1892;    City    Council    may 

regulate    operation     of     railroad  ; 

substitution     of     one     street     for 

another;    discontinuance  of  trolley 

system. 

3.  Obligations   and    rights   are   not    im- 

paired. 

4.  Motive  power. 

5.  Quarterly   return   of  gross   earnings  ; 

special   tax  on  gross  earnings  and 


//  is  enacted  by  the  General  Assembly  as  follows: 

Section  1.  The  Union  Railroad  Company  is  hereby 
authorized  and  empowered  to  issue,  from  time  to  time,  its 
first  mortgage  bonds,  bearing  interest,  payable,  in  gold  coin 
of  the  United  States  of  the  present  standard  of  weight  and 
fineness,  twenty  years  after  date,  to  an  amount  not  exceeding 
three  million  dollars,  and  to  execute  and  deliver  to  a  trustee 
or  trustees  a  first  mortgage  of  all  its  railroads  and  property, 
real,  personal  and  mixed,  including  any  stock  in  any  other 
corporation  held  by  it,  and  all  its  powers,  rights,  privileges 
and  franchises,  which  it  may  have  or  in  any  way  be  entitled 
to  at  the  time,  or  which  it  may  hereafter  acquire  anywhere, 
to  lay,  maintain,  use,  and  operate  its  rails,  tracks,  poles, 
wires,  switches,  turntables,  turnouts,  railroads  and  all  their 
appurtenances  and  cars  thereon,  by  any  motive  power,  to 
secure  the  payment  of  said  bonds ;  such  mortgage  to  con- 
tain such  powers  of  sale  and  provisions  for  sinking  fund  as 
said  Union  Railroad  Company  may  provide. 

Sec.  2.  The  Union  Railroad  Company,  and  any  party 
claiming  title  from  it  under  said  mortgage  hereinbefore 
authorized,  in  addition  to  all  the  powers,  rights,  privileges 
and  franchises,  which  said  Union  Railroad  Company  now 
has  or  is  in  any  way  entitled  to  anywhere,  shall,  for  a  period 
of  twenty  years  from  and  after  the  first  day  of  July,  A.  D. 
ISO'i,  have  in  the  city  of  Providence  the   exclusive  right. 


May  3. 


Section 

how  ascertained ;  double  tax  in 
case  of  neglect  to  pay ;  in  case  of 
doubt,  gross  earnings  to  be  meas- 
ured by  proportional  length  of 
main  track  in  city  and  towns. 
G.  City  Council  may  order  opening  of 
new  lines  of  road. 

7.  Carrier     service    for     other    railroad 

companies ;  grade  crossings  to  be 
regulated  by  City  Council. 

8.  Rates  of  fare. 

9.  Motive  power. 
10.  Operative  clause. 


Union  Railroad  Co. 
may  issue  mortgage 
bonds  for  20  years  to 
amount  of  $3,000,000. 


Exclusive  rights 
for  20  years  from 
July  1,  1892. 


For  right  to  carry 
freight  see  Union  R. 
R.  charter,  passed 
Jan.  20,  1865.  Also 
City  Ordinance  ap- 
proved Dec.  6,  1865. 


182  FRANCHISES. 

and  in  other  towns  and  cities  the  right,  to  keep,  maintain  in 
good  order  and  repair,  use  and  operate  by  any  motive  power 
and  in  any  manner  in  which  it  may  lawfully  do  at  said  date, 
or  thereafter  be  authorized  to  do  during  said  period,  its 
tracks,  rails,  poles,  wires,  railroads,  with  their  switches, 
turnouts,  turntables,  and  appurtenances,  and  the  cars,  motors, 
and  vehicles  thereon,  in  the  same  streets  and  highways  as  at 
the  time  of  executing  said  mortgage,  and  thereafter  during 
said  period  said  tracks,  rails,  poles,  wires,  railroads,  switches, 
turnouts,  turntables,  and  appurtenances  shall,  from  time  to 
City  Council  may  time,  bc  built  and   constructed  :    provided,  however,  that  the 

regulate  operation  of       . 

railroad.  city   and   town  councils  of  the  several   cities  and   towns  in 

which  the  same  are  located  may,  from  time  to  time,  impose 
such  reasonable  rules  and  regulations  as  to  the  rate  of  speed 
and  the  manner  of  operating  the  said  railroads,  and  the 
grade  and  manner  of  location,  re-location,  and  construction 
of  any  such  rails,  tracks,  poles,  wires,  switches,  and  turn- 
outs in  any  street  or  highway  within  their  respective  cities 
and   towns,  as   the  public  good  may  require  ;  and,  provided 

Substitution  of   one    further,  that  such  town   or  city  council  may,  at  any   time 

street  for  another.  .  .  . 

when  the  public  good  requires  that  there  should  be  no  rails 
in  any  street  or  highway,  require  said  Union  Railroad  Com- 
pany, or  party  claiming  title  under  it  as  aforesaid,  upon 
ninety  days'  written  notice,  to  take  up  and  remove  its  tracks, 
rails,  poles,  or  wires  in  such  street  or  highway,  and  forth- 
with upon  the  removal  thereof  such  city  or  town  shall  grant 
to  said  company  or  party  a  right,  as  nearly  similar  in  public 
convenience  as  possible,  to  construct,  maintain,  use  and 
operate  the  same  in  another  street  or  highway  of  such  city 
Discontinuance  of     or  towu  ;  and  provided  further,  that  if  at  anytime  any  method 

trolley  system.  x  ^  •  j  j 

of  Street  car  propulsion,  other  than  the  trolley  system,  so 
called,  shall  be  invented  or  perfected,  so  as  to  be  of  equal 
practical  and  commercial  value  as  such  trolley  system,  the 
city  of  Providence  shall  have  the  right  to  order  the  removal 
from  the  streets  or  highways  in  said  city  of  any  and  all 
poles  and  wires  used  in  connection  with  such  trolley  system, 
by  giving  one  year's  notice  in  writing  to  said  company  or 
party. 


FRANCHISES.  183 

Sec.  3.     Nothing  in  this  act  contained  shall  be  construed        Obligations   and 

,.  TT     •  TV     •!  1     ^.  rights    are     not     im- 

m  any  way  to  relieve  the  Union  Railroad  Company,  or  any  paired, 
party  claiming  title  under  it  as  aforesaid,  from  any  obligation 
to  pave  and  keep  in  repair  any  portion  of  any  street  or  high- 
way, or  to  pay  any  tax  or  money  which  it  may  now  or  here- 
after be  under  legal  obligation  to  any  city  or  town  to  do  or 
pay,  nor  to  prevent  said  company  or  any  city  or  town  from 
making  any  contract,  granting  any  franchise,  imposing  any 
special  tax,  or  doing  any  act  or  thing  which  they  are  author- 
ized to  do  under  the  provisions  of  Chapter  975  of  the  pub- 
lic laws. 

Sec.  4.  Nothing  in  this  act  contained  shall  prevent  the  Motive  power 
city  council  of  any  city,  or  the  town  council  of  any  town, 
from  authorizing  or  permitting  from  time  to  time  said  Union 
Railroad  Company  to  use  any  motive  power  in  any  street 
or  highway  of  such  city  or  town,  which  said  company  or 
party  may  now  or  hereafter  by  law  be  authorized  to  use. 

Sec.  5.     The  Union   Railroad  Company,  or  any   corpo-     Quarterly  return  of 
ration  or  party  claiming  title  under  it,  shall  make  and  render       gross  earnings, 
to  the  treasurer  of  the  city  of  Providence  on  or  before  the 
thirtieth  day  of  January,  April,  July  and  October,  in  every 
year,  returns,  verified  by  the  oath  of  such  party,  or  if  a  cor- 
poration  by  the  oath   of  its    president  or  treasurer,  of  the 
gross  earnings  of  such  corporation  or  party  within  said  city 
of  Providence  for  a  period  of  three  months  next  preceding 
the    first   day   of   January,  April,  July  and    (3ctober,    in    the 
same  year,  and  shall  at  the  same  time  pay  to  said  city  treas- 
urer, in  full   payment  for  the  rights  and  privileges  in  and  to 
the  streets  and  highways  of  said  city  hereinbefore  granted,  a   special  tax  on  gross 
special  tax  upon  said  gross  earnings,  at  the  rate  of  three  per  earnings. 

centum  upon  the  gross  earnings  of  said  corporation  or  party 
within  said  city  in  such  year,  for  a  period  of  five  years  next 
succeeding  the  first  day  of  July,  A.  D.  189*2,  and  at  a  rate  of 
not  less  than  three  per  centum,  nor  to  exceed  live  per  centum 
upon  such  gross  earnings  for  each  next  succeeding  period 
of  five  years  during  the  period  of  such  exclusive  right,  to 
be  determined  in  the  manner  hereinafter  provided,  to  wit: 
The  said  railroad  company  and  the  City  Council  of  said  How  ascertained, 
city   of  Providence  shall,  at  least  three  months  previous  to 


184  FRANCHISES. 

the  commencement  of  the  second,  third,  and  fourth  periods 
of  five  years  each,  agree  upon  such  rate,  if  possible  ;  in 
case  said  City  Council  and  said  corporation  or  party  shall 
fail  to  agree  as  aforesaid  at  least  two  months  prior  to  the 
commencement  of  each  of  said  periods,  three  disinterested 
persons  shall  be  chosen,  one  by  the  City  Council  of  said 
city  in  joint  convention,  one  by  the  said  corporation  or  party, 
and  the  third  by  the  two  so  chosen,  who  shall  determine  the 
rate  which  shall  be  just  to  be  paid,  and  paid,  during  the  said 
period  of  five  years  succeeding  their  appointment,  and  the  de- 
termination of  said  disinterested  persons,  or  a  majority  of 
them,  shall  be  final  and  conclusive  upon  said  city  and  upon 
said  corporation  or  ^a.x\.y:  provided^  that  in  case  the  City  Coun- 
cil of  said  city,  or  said  corporation  or  party,  shall  not  appoint 
as  aforesaid,  the  other  of  said  parties  may  appoint  the  first 
two  disinterested  persons  ;  and  provided,  that  in  case  the  two 
persons  first  appointed  shall  not  appoint  as  aforesaid,  either 
the  city  of  Providence,  or  said  corporation  or  party,  may, 
after  ten  days'  notice,  apply  to  any  justice  of  the  supreme 
_,,,..  ,  court  to  appoint  said  disinterested  person:  and  in  case  said 

Double  tax  in  case  of  ^t'  sr  ^ 

neglect  to  pay.  corporation  or  party  shall  neglect  to  pay  such  quarterly  tax 
as  aforesaid,  said  city  treasurer  may  collect  and  recover  of 
said  corporation  or  party,  as  other  taxes  are  collectible, 
double  the  amount  of  the  special  tax  shown  to  be  due  by 
the  last  preceding  quarterly  return  of  said  corporation  or 
In  case  of  doubt  P^rty.  In  casc  said  corporation  or  party  shall  do  business 
gross  earnings  to  be   •  towu  or  citv   bcsidcs  the  city  of  Providcnce,  and   it 

measured  by  proper-  J  J  J  ' 

track"in^'cit°^  Tnd   ^^all  bc  unablc  to  ascertain  the  amount  of  its  gross  earnings 
'°'^"^-  in  each   town  or  city  separately,  from   actual   accounts  kept 

thereof,  its  returns  of  gross  earnings,  to  be  made  as  afore- 
said, shall  state  the  gross  earnings  of  its  entire  business  and 
the  length  of  its  said  tracks,  exclusive  of  sidings  and  turn- 
outs, in  the  streets  and  highways  of  each  town  or  city  ;  and 
the  gross  earnings  from  its  business  in  the  city  of  Providence 
shall  be  taken  to  be  that  proportion  of  the  whole  gross  earn- 
ings which  the  length  of  such  tracks  of  said  company  or 
party  in  the  streets  and  highways  of  the  city  of  Providence 
bears  to  the  total  length  of  all  such  tracks  of  said  company 
or  party  in  streets  and  highways  in  all  said  cities  and  towns. 


FRANCHISES.  185 

and  the  payment  hereinbefore  provided  for  shall  be  in  lieu 
of  all  payments  heretofore  made  to  the  city  of  Providence 
for  the  use  of  its  streets  and  highways. 

Sec.  6.     Whenever  in  the  opinion  of  the  City  Council  of      city  Council  may 

,  .  r    T-.         •  1  I  11-  1  •  1  order  opening  of  new 

the  City  of  Providence  the  public  good  requires  that  a  street  lines  of  road. 
railway  line  or  lines  shall  be  constructed  in  said  city  in  ad- 
dition to  the  lines  then  in  operation  by  said  railroad  com- 
pany, or  party  claiming  title  under  it,  said  City  Council  may, 
at  any  time  and  from  time  to  time  during  the  existence  of 
said  twenty  years'  franchise,  order  said  railroad  company,  or 
party  claiming  under  it,  to  build,  construct,  equip,  and 
operate  such  line  or  lines  within  said  city  within  one  year 
after  the  passage  of  said  order ;  and  upon  default  on  the 
part  of  said  railroad  company,  or  party  claiming  under  it, 
to  build,  construct,  equip,  and  operate  said  line  or  lines  in 
accordance  with  such  order,  the  exclusive  rights  granted  by 
this  act  shall  thereupon  cease  and  determine. 

Sec   7.      Said  railroad   company  and  any  party  claiming      carrier  service  for 

.■,1  J         viiii-ii  uix^-  J-  ii  other   railroad    corn- 

title  under  it  shall,  at   all  reasonable  times  during   the  con-    panies. 

tinuance  of  the  exclusive  rights  or  privileges  granted  under 

this   act,  transport   by  its  own   power  from    the  terminus  of 

its  lines,  at  or  outside  of  the  city  line,  into  and  in   the  city 

of  Providence  to  a  point  at  or  near  the  centre  of  its  system 

of    lines  or  tracks,  all  passengers   and   cars   of    any  other 

street  railroad  line  connecting  with  its  line  at  such  terminus, 

as  may  be  delivered  to  it    by  such  line,  in   consideration  of 

a  fair  and  reasonable  compensation  to  be  paid  to  it  for  such 

service,  the  amount  of  such  compensation  to  be  determined, 

in  default  of  agreement  between  said  parties,  by  the  supreme 

court   sitting   in   equity   upon   petition   to  be   preferred   by 

either  of  said  parties  ;  but  nothing  in  this  act  shall  affect  or      Grade  crossings  to 

impair  the  right  of  the  City  Council  of  the  city  of  Providence   Counfn.^^^     ^    "^ 

to  grant   to  any  other   street   railroad  company    operating 

lines  in  said   city  the   right  to  cross   at   grade   the   lines  of 

said  railroad  company,  or  party  claiming  title  under  it. 

Sec.  8,     Said  railroad   company  shall   not,  nor  shall  any      Rates  of  fare, 
party  claiming  title  under  it,  at  any  time  during  the  continu- 
ance of  the  exclusive  right  or  privileges  granted   under  this 
act,  charge  for  its  service  within  said  city  any  greater  rates 
24 


186  FRANCHISES. 

of  fare  than  the  rates  actually  charged  by  said  railroad  com- 
pany at  the  time  of  the  passage  of  this  act  for  such  or 
equivalent  service,  both  rates  being  reckoned  in  United 
States  gold  coin  of  the  standard  weight  and  fineness  in 
force  at  the  time  of  the  passage  thereof,  or  in  the  equivalent 
thereof  in  actual  value  in  other  lawful  money  of  the  United 
States. 

Motive  power.  Sec.  9.     Nothing  in  this  act  contained  shall  be  held  or 

construed  to  authorize  the  said  Union  Railroad  Company  to 
use  the  trolley  system,  or  any  motive  power  other  than 
animals,  in  any  street  or  highway  in  any  town  or  city, 
except  upon  permission  of  the  City  Council  or  town  council 
thereof,  to  use  the  same  in  such  street  or  highway  first  being 
had  and  obtained. 

Operative  clause.  Sec.  10.     All   acts  and  parts  of  acts,  and  all   rules  and 

regulations,  terms,  conditions,  and  ordinances,  of  any  town 
council  or  City  Council,  and  all  acceptances  thereof  and 
assents  thereto  of  said  railroad  company,  or  of  any  com- 
panies consolidated  into  or  with  it,  inconsistent  herewith, 
are  hereby  repealed  and  annulled ;  and  all  cities  and  towns 
holding  any  such  acceptances  or  assents  are  hereby  required 
by  their  proper  officers  to  forthwith  cancel  and  discharge 
the  same  ;  and  this  act  shall  take  effect  from  and  after  its 
passage. 


FRANCHISES. 


187 


AN  ACT  REQLIRIXG   THE    PROVIDENCE    CABLE  TRAM-    Jq|    q|    Iggj 
.WAY    COMPANY  AND    THE    UNION    RAILROAD    COM-  u^y -i.i. 

PANY   TO   MAKE    ADDITIONAL    PAYMENTS   FOR  THE    union  R.  R.  Act  of 


USE  OF  CERTAIN  STREETS  IN  THE  CITY  OF  PROVI- 
DENCE, AND  IN  ADDITION  TO  AND  IN  AMENDMENT 
OF  "AN  ACT  CONCERNING  THE  UNION  RAILROAD 
COMPANY,"  PASSED  AT  THE  JANUARY  SESSION, 
A.D.  1892. 


1892  amended. 


Section 

1.  Union  Railroad  Co.  and  Providence 

Cable  Tramway  Co.  to  pay  a  tax 
on  the  gross  earnings  ;  quarterly 
returns . 

2.  Exclusive    rights    also   granted     to 

Tramway  Company. 

3.  Payments  to  begin  on  acceptance  of 

act  by  City  Council. 

4.  City  Council  to  make  rules  and  regu- 

lations  for   operating    cars ;     rails 


Section 

may  be  removed  but  new  locations 
must  be  provided  ;  new  system  of 
street  car  propulsion  to  be  used, 
when. 

5.  Streets  to  be  paved  and  kept  in  re- 

pair. 

6.  Motive  power ;   other  companies  may 

cross  tracks  at  grade. 

7.  Rates  of  fare  shall  not  be  increased. 

8.  Operative  clause. 


If  is  enacted  by  the  Gejieral  Asscf/ibly  as  follows  : 

Section     1.     The    Union     Railroad    Company,    as    the       ,^"'0"  R- R-  Co. 

^         •'  and   Cable  Tramway 

owner  of  substantially  all   the  capital   stock  of  the    Provi-  Co.  to  pay  a  tax  on 

■'  '  _  gross  eammgs. 

dence  Cable  Tramway  Company,  in  addition  to  the  pay- 
ments required  to  be  made  in  and  by  virtue  of  the  terms 
of  the  act  entitled  "An  act  concerning  the  Union  Railroad 
Company  "  aforesaid,  and  in  consideration  of  the  grants 
contained  in  this  act,  shall  also  make  and  render,  or  cause 
to  be  made  and  rendered,  to  the  treasurer  of  the  city  of  Quartedy  returns. 
Providence,  on  or  before  the  thirtieth  day  of  January,  April, 
July  and  October,  in  every  year,  returns,  verified  by  the  oath 
of  the  party  making  such  returns,  of  the  gross  earnings  of 
said  Providence  Cable  Tramway  Company  in  said  city  of 
Providence,  for  the  period  of  three  months  next  preceding 
said  first  days  of  January,  April,  July  and  October,  in  the 
same  year ;  and  shall,  at  the  same  time,  pay,  or  cause  to  be 
paid,  to  the  said  city  treasurer,  in  full  payment  of  the  rights 
and  privileges  of  said  Providence  (Jable  Tramway  Company 
in  and  to  the  streets  and  highways  in  said  city,  a  special  tax 
upon  its  gross  earnings,  at  the  same  rate  as  shall  at  the 
same  time   be  paid  by  the  said    Union  Railroad    Company 


ISO  FRANCHISES. 

on  its  gross   earnings   in  said   city  under  the   provisions  of 
said  act  concerning  the  Union  Railroad  Company. 
Exclusive  right  is        Sec.  2.     In    addition    to    the    exchisive    right    which    is 

granted  to  Tramway  ...  ,  ,  .. 

Company.  granted  to  the  Union  Railroad  Company  to  keep,  maintain, 

use  and  operate  tracks,  rails,  poles,  wires,  railroads  with 
their  switches,  turnouts  and  appurtenances,  and  cars,  motors, 
and  vehicles  thereon,  for  the  purposes  for  which  said  Union 
Railroad  Company  has  been  created,  in  the  streets  and 
highways  in  the  city  of  Providence,  occupied  by  said  com- 
pany on  the  third  day  of  May,  1892,  and  in  such  other 
streets  and  highways  in  said  city  as  should  thereafter,  by 
authority  of  the  City  Council,  be  occupied  by  said  railroad 
company  within  twenty  years  from  said  date,  the  exclusive 
right  is  also  hereby  granted  to  the  Providence  Cable  Tramway 
Company  to  keep,  maintain  in  good  order  and  repair,  use, 
and  operate  by  any  motive  power,  and  in  any  manner  in 
which  it  may  now  or  hereafter  lawfully  do,  for  the  purposes 
for  which  it  has  been  created,  tracks,  rails,  poles,  wires, 
cables,  and  railroads,  with  their  switches,  turnouts,  turn- 
tables and  appurtenances,  and  the  cars,  motors  and  vehi- 
cles thereon,  in  College  street,  Prospect  street,  Waterman 
street,  Angell  street,  and  South  Angell  street,  in  the  city  of 
Providence,  such  exclusive  rights  to  continue  for  a  period 
of  twenty  years  from  and  after  the  said  third  day  of  May, 
1892. 
Payments  to  begin        Sec.  3.     The  additional  payments,  required  to  be  made 

on  acceptance  of  act  ^,  ,  .  ,111  i  ,1  •    •  c    j.i  • 

by  City  Comicii.  *by  this  act,  shall  commence  whenever  the  provisions  ot  this 
act  shall  have  been  accepted  in  writing  by  the  city  of  Provi- 
See  p.  174.  dcncc  by  vote  of  its  City  Council,  and  such  assent  shall  have 
been  delivered  to  said  Union  Railroad  Company  and  said 
Providence  Cable  Tramway  Company,  and  when  the  same 
shall  have  been  accepted  by  said  Union  Railroad  Company 
and  said  Providence  Cable  Tramway  Company,  and  such 
assent  delivered  to  said  city  of  Providence. 
City    Council    to        Sec.  4.     The    City    Council    of  the    city    of  Providence 

ktk>ns"for  oplra^tfng  "i^y,  froui  time  to  time,  impose  such  reasonable  rules  and 
regulations  as  to  the  rate  of  speed  and  the  manner  of  oper- 
ating the  said  railroad,  and  the  grade  and  manner  of  loca- 
tion, relocation  and    construction  of  any  such  rails,  tracks, 


cars 


FRANCHISES.  189 

poles,  wires,  switches  and  turnouts  in  any  street  or  highway 
within  said  city,  as  the  public  good  may  require ;  and  pro- 
vided further,  that  such  City  Council  may,  at  any  time  when 
the  public  good  requires  that  there  should  be  no  rails  in  any      Rails  may  be  re- 

moved,  but  new  loca- 

street  or  highway,  require  said  Providence  Cable  Tramway  tions  must  be  pro- 
Company,  or  their  successors,  upon  ninety  days'  written 
notice,  to  take  up  and  remove  its  cables,  conduits,  appara- 
tus, tracks,  rails,  poles,  or  wires  in  such  street  or  highway, 
and  forthwith  upon  the  removal  thereof  such  city  or  town 
shall  grant  to  said  company  or  party  a  right,  as  nearly  similar 
in  public  convenience  as  possible,  to  construct,  maintain,  use 
and  operate  the  same  in  another  street  or  highway  of  such 
city  or  town  ;  and  provided  further,  that  if  at  any  time  any 
method  of  street   car   propulsion,  other  than  the   cable  or      New  system  of  car 

"^       ^  propulsion  to  be  used, 

trolley  system,  shall  be  invented  or  perfected  so  as  to  be  of  "''^^"• 
equal  practical  and  commercial  value,  the  city  of  Providence 
shall  have  the  right  to  order  the  removal  from  the  streets  or 
highways  in  said  city  of  any  and  all  cables,  conduits,  appar- 
atus, poles,  and  wires  used  in  connection  with  such  cable  or 
trolley  system,  by  giving  one  year's  notice  in  writing  to  said 
company  or  party. 

Sec.  5.     Nothing  in  this  act  contained  shall  be  construed      streets  to  be  paved 

.  and  kept  in  repair. 

m  any  way  to  relieve  the  Union  Railroad  Company,  or  the 
Cable  Tramway  Company,  from  any  obligation  to  pave  and 
keep  in  repair  any  portion  of  any  street  or  highway,  or  to 
pay  any  tax  or  money  which  it  may  now  or  hereafter  be 
under  legal  obligation  to  said  city  to  do  or  pay,  nor  to  pre- 
vent said  company  or  said  city  from  making  any  contract, 
granting  any  franchise,  imposing  any  special  tax,  or  doing 
any  act  or  thing  which  they  are  authorized  to  do  under  the  see  p.  its. 

provisions  of  Chapter  975,  of  the  public' laws. 

■  Sec.  (J.  Nothing  in  this  act  contained  shall  prevent  the  Motive  power. 
City  Council  from  authorizing  or  permitting  from  time  to 
time,  said  Union  Railroad  Company  or  said  Providence 
Cable  Tramway  Company  to  use  any  motive  power 
in  any  street  or  highway  of  such  city  or  town  which 
said  company  or  party  may  now  or  hereafter  by  law  be  au. 
thorized  to  use  ;  but  nothing  in  this  act  shall  affect  or  impair 


190  '  FRANCHISES. 

Other    companies   the  right  of  the   City  Council  of  the  city  of  Providence  to 

may  cross   tracks   at  •  i  i  •  i  • 

grade.  grant  to  any  other  street   railroad  company  operating   lines 

in  said  city  the  right  to  cross  at  grade  the  lines  of  said  tram- 
way company  or  party  claiming  title  under  it. 

.  Rates  of  fare  shall        Sec.  7.     Said  Providencc  Cable  Tramway  Company  shall 

not  be  increased.  ....  .  .       ,  ,       . 

not,  at  any  time  during  the  continuance  of  the  exclusive 
right  or  privileges  granted  under  this  act,  charge  for  its  ser- 
vice within  said  city  any  greater  rates  of  fare  than  the  rates 
actually  charged  by  said  company  at  the  time  of  the  pas- 
sage of  this  act  for  such  or  equivalent  service,  both  rates 
being  reckoned  in  United  States  gold  coin  of  the  standard 
weight  and  fineness  in  force  at  the  time  of  the  passage 
thereof,  or  in  the  equivalent  thereof  in  actual  value  in  other 
lawful  money  of  the  United  States. 
Operative  clause  Sec.   8.     All  acts   and    parts   of  acts,  and  all  rules  and 

regulations,  terms,  conditions  and  ordinances  of  the  City 
Council  of  the  City  of  Providence,  and  all  acceptances 
thereof  and  assents  thereto  of  either  of  said  companies,  or 
of  any  companies  consolidated  into  or  with  it  or  them,  in- 
consistent herewith,  shall  be  repealed  and  annulled  by  the 
filing  of  the  assents  of  said  City  Council  and  said  com- 
panies herein  provided  for  :  provided,  that  nothing  in  this 
act  shall  be  construed  to  release  the  Union  Railroad  Com- 
pany from  any  obligations  imposed  upon  it  by  the  said  act 
concerning  the  Union  Railroad  Company  ;  and  this  act  shall 
take  effect  from  and  after  its  passage. 


Act  of  1893 

May  17. 


AN  ACT  IN  AMENDMENT  OF  AN  ACT  ENTITLED  "AN 
ACT  TO  INCORPORATE  THE  PROVIDENCE  CABLE 
TRAMWAY  COMPANY,"  AND  OF  THE  SEVERAL  ACTS 
IN  AMENDMENT  THEREOF  AND  IN  ADDITION 
THERETO. 


Section 
1.  Providence  Cable  Tramway  Co.  may 
use  electricity  as  a  motive  power. 


Section 
2.  Operative  clause. 


It  is  enacted  by  the  General  Assembly  as  folloivs  : 

Providence   Cable        SECTION  1.     The  Providcncc  Cable  Tramway  Company 
us'r'"dectrici°y  aT^^I   shall  havc  the  right  to  use  electricity  as  a  motive  power  for 

motive   power. 


FRANCHISES. 


191 


the  transportation  of  persons  over  any  of  its  tracks  :  pro- 
vided^ that  the  consent  of  the  City  Council  of  any  city,  and 
of  the  town  council  of  any  town,  in  which  such  tracks  are 
located,  be  first  obtained  to  the  use  thereof  in  such  city  or 
town. 

Sec.  2.  This  act  shall  take  effect  immediately,  and  all 
acts  and  parts  of  acts  inconsistent  herewith  are  hereby  re- 
pealed. 


Operative  clause. 


AN  ACT  IN  AMENDMENT  OF  AND  IN  ADDITION  TO 
CHAPTER  .598  OF  THE  PUBLIC  LAWS,  PASSED  AT  THE 
JANUARY  SESSION,  A.  D.  1866,  ENTITLED  ".\N  ACT 
TO  REVISE,  CONSOLIDATE  AND  AMEND  THE  ACT 
ENTITLED  'AN  ACT  TO  INCORPORATE  THE  CITY  OF 
PRO\'IDENCE  '  AND  THE  SEVERAL  ACTS  IN  ADDITION 
THERETO  AND  IN  AMENDMENT  THEREOF,"  AND  IN 
AMENDMENT  OF  AND  IN  ADDITION  TO  THE  ACT 
PASSED  AT  THE  JANUARY  SESSION,  A.  D.  1893,  ENTI- 
TLED "AN  ACT  REQUIRING  THE  PROVIDENCE  CABLE 
TRAMWAY  COMPANY  AND  THE  UNION  RAILROAD 
COMPANY  TO  MAKE  ADDITIONAL  PAYMENTS  FOR 
THE  USE  OF  CERTAIN  STREETS  IN  THE  CITY  OF 
PROVIDENCE,  AND  IN  ADDITION  TO  AND  IN  AMEND- 
MENT OF  'AN  ACT  CONCERNING  THE  UNION  RAIL- 
ROAD COMPANY,'  PASSED  AT  THE  JANUARY  SES- 
SION, A.  D.  1892." 


Chapter  1403 

of  April  11,  IS'.tS. 


Sf.ction 

1.  City  may  make  new  contracts  with 
tJnion  Railroad  and  Providence 
Cable  Tramway  companies. 

'i.  Contracts  to  be  authorized  by  City 
Council  and  signed  by  the  Mayor. 

3.  Contracts  may  grant  exclusive  rights 


Section 

for  25  years  and  provide  for  cross- 
town  lines  and  transfers. 

4.  Compensation  for  use  of  streets  to  be 

agreed  upon  ;  to  be  in  lieu  of  any 
obligation  except  general  taxes. 

5.  Operative  clause. 


//  is  enacted  by  the  General  Assemldy  as  follows  : 

Section  1.     The  city   of  Providence  is   hereby   author- 

Citv  may  make  new 

ized  and  empowered  to  make,  as  hereinafter  set  forth,  a  new  contracts  with  Union 

Railroad   and    Prov. 

contract  or  contracts  with  the  Union  Railroad  Company  and   Cable  Tramway  com- 

panies. 

the  Providence  Cable  Tramway  Company,  or  either  of  them, 


192  FRANCHISES. 

in  addition  and  supplemental  to  the  contracts  now  existing 
between  said  city  and  said  companies  by  authority  of  an  act 
passed  at  the  January  session,  1893,  entitled  "An  act  re- 
quiring the  Providence  Cable  Tramway  Company  and  the 
Union  Railroad  Company  to  make  additional  payments  for 
the  use  of  certain  streets  in  the  city  of  Providence,"  and  in 
addition  to  and  in  amendment  of  "An  act  concerning  the 
Union  Railroad  Company,"  passed  at  the  January  session, 
A.  D.  1892,"  and  whereby  the  said  city  and  said  companies 
have  accepted  and  assented  in  writing  to  the  grants  made 
by  said  act  to  said  companies  of  exclusive  rights  in  the 
streets  and  highways  of  .said  city,  on  the  terms  and  condi 
tions  in  said  act  set  forth. 
Contracts  are  to  be  Sec.  2.  Said  Supplemental  contract  or  contracts  shall  be 
Cound" and  ^signed  in  Writing,  and  shall  be  executed  and  acknowledged  in  be- 
y    e    ayor.  ^^^^  ^^  ^^.^   ^.^^  ^^  .^^  mayor  in  such  form  as  he  shall  be 

authorized  by  joint  resolution  of  the  City  Council  of  said 
city. 
Contracts  may  grant  Sec.  3.  Said  Supplemental  contract  or  contracts  may  fix 
yeairand'^^folldeVo?  the  temis  and  conditions  on  which  the  exclusive  rights 
transfers'."  ''""'  ^""^  granted  to  said  companies  by  said  act,  and  assented  to  as 
aforesaid,  and  any  other  rights  which  shall  be  mutually 
agreed  upon  by  the  parties  to  said  contract  or  contracts, 
shall  be  held  and  enjoyed  by  said  companies,  or  either  of 
them,  for  a  term  of  not  more  than  twenty-five  years  from 
the  date  of  such  contracts  respectively,  including  provisions 
for  the  establishment  and  maintenance  by  said  companies, 
or  either  of  them,  of  a  cross-town  line  or  lines  of  street 
railway  in  said  city,  and  the  establishment  of  a  proper 
system  of  transfer  tickets  thereon,  or  of  any  other  matter 
or  matters  in  connection  with  the  maintenance,  operation 
and  use  of  street  railway  lines  in  said  city  by  said  com- 
panies, or  either  of  them,  during  said  term,  as  shall  be 
agreed  upon  by  the  respective  parties  to  such  supplemental 
contract  or  contracts. 
Compensation  for        Sec.  4.     Said    Supplemental    contract   or   contracts  may 

use   of  streets   under  •  i        .  •  i  •  •    i  r      i  in 

such  contracts  to  be  providc  that  said  companics,  or  either  oi  them,  shall  pay  to 
said  city  for  the  use  of  its  streets  and  highways,  and  for  said 
exclusive  and   other   rights  therein,  during  said  term,  suc}^ 


agreed  upon. 


FRANCHISES. 


193 


sums  of  money,  at  such  times,  and  in  such  manner  as  shall 
be  mutually  agreed  upon  by  the  parties  to  said  contracts, 
in  lieu  and  satisfaction  of  the  payments  provided  for  by  said 
act,  or  of  any  other  obligation  or  liability,  except  for  general      To  be  in  Heu  of  any 

.  .   ,  obligation  except  for 

taxes,  imposed  upon  or  assumed  by  said  companies,  or  either   generahaxes. 

of  them,  by  said  act  or   any   other   statute,   act,  ordinance, 

resolution,  contract,   agreement,  acceptance,  or  assent,  now 

or  hereafter  in  force  during  said  term,  and  governing  or  in 

any   wise  affecting   the  mutual   relations,  rights,  duties,  and 

obligations   of  said  city   and   said   companies,  or   either   of 

them. 

Sec.  5.     All  acts  and  parts  of  acts  inconsistent  herewith      Operative  clause, 
are  hereby  repealed ;  and  this  act  shall  take  effect  from  and 
after  its  passage. 


AN  ACT  TO  PROVIDE  A  SYSTEM  OF  FREE  TRANSFERS 
IN  THE  CITY  OF  PROVIDENCE,  AND  FOR  OTHER 
PURPOSES,  AND  IN  ADDITION  TO  AN  ACT  ENTITLED 
"AN  ACT  CONCERNING  THE  UNION  RAILROAD  COM- 
PANY," PASSED  AT  THE  JANUARY  SESSION  A.  D. 
1892. 


Section 

1.  Union  Railroad  Company  to  furnish  a 
system  of  free  transfers,  when ; 
location  of  central  station  to  be  fur- 
nished by  the  city  ;  transfer  cars  to 
be  run  over  all  routes  within  the 
city  limits  ;  free  transfers  ;  minor 
transfer  stati'ons  may  be  erected  in 
streets  and  public  places  ;  company 
to  be  relieved  for  five  years  from 
paving  or  repaving  streets  after 
.  establishment  of  transfer  system  ; 
transfer   system   to    be  established 


Section 

within  sLx  months  after  city  shall 
furnish  location  for  central  station  ; 
similar  systems  may  be  provided 
for  other  cities  and  towns. 

2.  Rate  of  fare  fixed  at  five  cents   until 

1912 ;  rate  of  fare  not  to  be  in- 
creased. 

3.  Provisions  of  law  relating  to  acts  of 

incorporation  waived ;  this  act  to 
go  into  effect  upon  filing  of  accept- 
ance by  Railroad  Company. 


Chapter  373 

of  May  7,  1896. 


//  is  enacted  by  the  Ge?ieral  Assembly  as  follows  : 

Section  1.  The  Union  Railroad  Company  shall,  at  the  union  Railroad  Co. 
times  and  subject  to  the  conditions  and  whenever  furnished  ^eeT^n'Swhen"* 
the  locations  as  hereinafter  set  forth,  establish  in  the  city  of 
Providence  a  suitable  central  transfer  station  near  the  centre 
of  its  system  at  or  near  Weybosset  Bridge,  and  such  other 
minor  transfer  station  or  stations  at  other  points  in  the 
streets,  highways,  or  other  public  places  of  said  city  as  may 

25 


194 


FRANCHISES. 


Location  of  central 
station  to  be  fur- 
nished by  the  City. 


Transfer  cars  to  be 
run  over  all  routes 
within  city  limits. 


Free  transfers. 


Minor  transfer  sta- 
tions may  be  erected 
in  streets  and  public 
places. 


be  necessary  to  carry  out  the  purposes  of  this  act,  and  as 
may  be  agreed  upon  from  time  to  time  between  said  Union 
Railroad  Company  and  the  city  of  Piovidence.  The  loca- 
tion of  such  central  transfer  station  shall  be  in  some  suit- 
able place  to  be  agreed  upon  between  the  city  of  Providence 
and  said  Union  Railroad  Company  and  furnished  by  said 
city  as  herein  provided. 

Upon  the  completion  of  said  central  transfer  station  the 
said  railroad  company  shall  thereafter  and  until  the  first  day 
of  July,  A.  D.  1912,  run  cars  through  the  same  at  frequent 
intervals,  of  not  exceeding  twenty  minutes  in  any  case, 
between  the  hours  of  six  a.  m.,  and  twelve  p.  m.,  over  all 
routes  as  now  or  hereafter  established  and  operated  by  it 
that  do  not  extend  beyond  the  present  limits  of  said  city, 
and  cars  running  to  said  limits  over  all  other  routes,  and 
shall  allow  any  passenger  within  such  central  station  one 
free  transfer  from  any  of  such  cars  to  any  other  of  such 
cars  moving  in  any  direction.  The  purpose  of  this  pro- 
vision being  to  allow  a  passenger  to  go  by  means  of  such  one 
free  transfer  from  any  one  point  within  the  present  limits 
of  the  city  of  Providence,  reached  by  any  of  the  tracks 
owned  or  used  by  said  Union  Railroad  Company,  to  any 
other  one  point  reached  by  said  tracks  within  said  limits, 
upon  the  payment  of  a  single  fare  of  five  cents:  provided, 
hozvever,  that  the  provisions  hereof  in  regard  to  frequency 
of  service  shall  not  apply  in  case  of  delays  or  interruption 
of  travel  arising  from  unusual  circumstances  or  causes 
beyond  the  control  of  the  company. 

The  Union  Railroad  Company  sttall  allow  passengers  who 
have  not  already  been  once  transferred,  one  free  transfer 
within  any  such  minor  station  that  may  be  erected,  to  and 
frpm  such  cars  as  do  not  run  beyond  the  present  city  limits, 
as  shall  pass  by  or  through  such  station.  Said  Union  Rail- 
road Company  is  hereby  authorized  to  build,  maintain,  and 
use  such  transfer  station  or  stations,  in  such  location  or  loca- 
tions in  the  streets,  highways,  or  public  places  of  said  city, 
or  over  the  waters  therein,  as  may  be  agreed  upon,  in  accord- 
ance with  the  provisions  of  this  section,  between  it  and  the 
said  city. 


FRANCHISES. 


195 


The  Union  Railroad  Company  and  the  Providence  Cable 
Tramway  Company,  whose  lines  are  operated  by  it,  are  and 
shall  be  relieved  and  discharged  for  a  period  of  five  years, 
after  the  system  of  free  transfers  herein  provided  for  shall 
be  established  and  go  into  effect  within  the  central  transfer 
station  herein  provided  for,  from  all  obligation  to  pave  or 
repave  from  time  to  time  any  part  of  the  streets,  highways, 
or  public  places  in  the  city  of  Providence  in  which  any 
tracks  owned  or  operated  by  said  Union  Railroad  Company 
or  said  Providence  Cable  Tramway  Company  are  or  may 
be  located  during  said  term  :  provided,  hozvever,  that  the 
above  exemption  from  the  obligation  to  pave  and  repave 
shall  not  be  held  to  relieve  said  railroad  companies  from  the 
duty  to  replace  in  good  order  any  portion  of  the  roadway 
or  pavement  of  any  street  that  has  been  removed  or  dis- 
placed by  said  company  for  the  purpose  of  laying  new 
tracks,  or  for  the  renewal  or  repair  of  those  now  or  here- 
after laid  in  any  street,  highway,  or  public  place  in  said 
city. 

The  Union  Railroad  Company  shall  erect  the  central 
station  and  establish  the  system  of  free  transfers  therein 
herein  provided  for,  within  six  months  (weather  permitting), 
after  the  tity  of  Providence  shall  furnish  it  free  of  all  rentals 
and  charges,  a  suitable  location  for  such  central  station  and 
shall  grant  permission  to  said  railroad  company  to  lay  such 
additional  tracks  in  such  manner  and  in  such  streets  or  other 
places  as  shall  be  necessary  to  make  proper  and  convenient 
connections  with  said  station  ;  and  it  shall  from  time  to 
time  erect  such  other  minor  stations  and  establish  said 
system  of  free  transfers  therein  within  a  reasonable  time, 
not  exceeding  three  months  after  the  city  of  Providence 
shall  from  time  to  time  have  agreed  with  said  Union  Rail- 
road Company  upon  the  locations  thereof,  and  shall  have 
furnished  it  such  locations  as  hereinbefore  provided,  free  of 
rentals  and  charges  :  provided,  that  the  furnishing  of  the 
location  for  the  central  or  other  station  by  the  city  of  Provi- 
dence shall  not  be  construed  to  vest  any  title  in  fee  in  said 
railroad  company,  or  prevent  an  agreement  for  the  payment 
of  a  nominal  annual  consideration  by  the  railroad  company 
to  the  city. 


Company  is  to  be 
relieved  for  five  years 
from  paving  or  re- 
paving  streets  after 
establishment  of 
transfer  system. 


Transfer  system  to 
be  established  within 
six  months  after  City 
shall  furnish  location 
for  central  station 


196 


FRANCHISES. 


Similar  system  may 
be  provided  m  other 
cities  and  towns. 


Rate  of  fare  fixed 
at  five  cents  until 
1912. 


Rate  of  fare  not  to 
be  increased. 


See  p.  178. 


Provisions  of  law 
relating  to  acts  of  in- 
corporation waived. 


This  act  to  go  into 
effect  upon  filing  of 
acceptance  by  Rail- 
road Company. 


Similar  transfer  stations  may  be  established  and  erected 
for  the  purpose  of  providing  a  similar  system  of  free  trans- 
fers of  passengers  within  the  limits  of  any  city  or  town, 
other  than  the  city  of  Providence,  whenever  from  time  to 
time  any  such  city  or  town  and  street  railway  company 
operating  lines  therein  shall  agree  upon  the  location,  erection, 
terms,  conditions,  and  use  of  such  station  and  system. 

Sec.  2.  That  hereafter,  and  until  the  first  day  of  June, 
A.  D,  1912,  the  fare  to  be  charged  and  collected  by  the 
Union  Railroad  Company  is  hereby  fixed  at  five  cents  for  a 
continuous,  uninterrupted  ride  for  one  person  on  any  car 
on  any  of  the  street  railway  routes  owned  or  operated  by  it 
as  now  or  hereafter  established  by  it  within  the  present 
limits  of  each  or  any  city  or  town  in  which  said  railroad 
company  is  or  may  be  authorized  to  transport  passengers. 
The  payment  of  the  fare  herein  mentioned  shall  entitle  the 
passenger  to  one  free  transfer  within  any  transfer  station 
established  under  section  one  of  this  act  in  accordance  with 
the  provisions  thereof  :  provided^  that  nothing  in  this  act 
shall  be  construed  to  authorize  the  said  Union  Railroad 
Company  to  increase  the  rate  of  fare  now  charged  by  said 
company,  on  any  of  the  routes  as  now  established  or  ope- 
rated by  it,  or  to  release  the  said  company  from  any  obliga- 
tion it  may  have  incurred  by,  or  to  allow  it  to  increase  the 
rates  of  fare  fixed  in,  the  several  contracts  heretofore 
entered  into  between  said  Union  Railroad  Company  and 
any  town  under  the  provisions  of  Chapter  975  of  the  Public 
Laws. 

Sec.  3.  Until  July  1,  A.  D.  1912,  this  act,  and  so  much 
of  the  act  to  which  it  is  in  addition  as  is  not  modified  hereby, 
shall  be  and  remain  without  change  in  full  force  and  efifect 
between  the  State  of  Rhode  Island  and  said  Union  Rail- 
road Company  ;  and  the  provisions  of  general  statute  law 
relating  to  the  amendment  or  repeal  of  acts  of  incorporation 
at  the  will  of  the  General  Assembly,  shall  not  apply  thereto. 
All  acts  and  parts  of  acts  inconsistent  with  the  provisions 
of  this  act  are  hereby  repealed  ;  and  this  act  shall  take  efifect 
immediately  from  and  after  its  passage,  whenever  said  Union 
Railroad   Company  shall  accept  in  writing   the  terms  and 


FRANCHISES. 


197 


provisions  thereof,  and  shall  file  its  acceptance  in  the  office 
of  the  secretary  of  state. 


AN  ACT  PROVIDING  FOR  A  TAX  ON  STREET  RAILWAYS. 


Section 

1.  Street   railway  companies  to   pay   to 

state  a  tax  upon  their  earnings ; 
existing  requirements  to  pay  special 
taxes  to  cities  continued. 

2.  Companies  accepting  this  act  to  enjoy 

certain  rights,  privileges,  and  fran- 
chises. 

3.  City   Council   may    revoke    location 

and  right  to  use  any  portion  of  a 
street,  when  ;  removal  of  tracks  in 
conformity  with  revocation  ;  in  case 
of  revocation  company  shall  be 
granted  a  right  in  another  street. 


Section 

4.  Increase  of  capital  stock  subject  to 

the  approval  of  the  railroad  com- 
missioner. 

5.  Tax  to  be  paid,  how  to  be  computed. 

6.  Tax  not   required   to   be  paid   by   a 

company,  when. 

7.  Provisions  of    this  act   to   apply  to 

street  railway  companies,  when ; 
free  transfer  act  in  Providence  un- 
affected ;  acceptances,  when  to  be 
filed. 


Chapter  580 

of  June  15,  1898. 


Street  railway  com- 
panies to  pay  to  state 
a  tax  upon  their  earn- 
ings. 


//  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.  For  the  purpose  of  providing  additional 
revenue  for  the  state,  every  street  railway  company  incor- 
porated under  the  laws  of  this  state,  accepting  the  provisions 
of  this  act,  shall  annually,  hereafter,  on  or  before  October 
first,  pay  to  the  state  a  tax  upon  its  earnings  as  follows,  viz. : 
If  the  annual  dividend  paid  by  such  company  during  the 
year  ending  on  the  thirtieth  day  of  June  next  preceding  the 
date  of  the  return  made  according  to  law  to  the  railroad 
commissioner  for  such  year,  is  eight  per  centum  on  its  capital 
stock  actually  outstanding  during  such  year,  or  less,  or  if  no 
dividend  is  paid  by  it,  the  tax  payable  by  it  for  that  year 
shall  be  a  sum  equal  to  one  per  centum  of  its  gross  earnings 
for  that  year,  and  if  such  dividend  exceed  eight  per  centum, 
then  the  tax  payable  by  it  for  that  year  shall  be  a  sum  equal 
to  the  excess  of  such  dividend  over  eight  per  centum,  but 
in  no  event  shall  said  tax  be  less  than  a  sum  equal  to  one 
per  centum  of  such  gross  earnings,  which  shall  be  paid  with- 
out regard  to  the  net  earnings  of  such  company  :  provided,  Existing  require- 
hotvever,  that  nothing  in  this  act  contained  shall  deprive  any  taxef  to  cuC^con- 
city  or  town  of  the  right  to  collect  from  any  street  railway 
company  any  tax  or  other  payment  (including  payments 
now  required  for  the  paving  and  repaving  of  certain  portions 


198  FRANCHISES, 

of  the  streets  and  highways),  which  such  company  is  now 
under  legal  obligation  to  pay  by  virtue  of  any  law  of  this 
state,  or  of  any  contract  or  agreement  with  the  state,  or 
with  any  city  or  town  or  otherwise  ;  nor  shall  anything  in 
this  act  contained  deprive  any  street  railway  company  of 
any  right,  privilege,  or  franchise  which  it  now  enjoys,  but 
the  payments  to  be  made  under  the  provisions  of  this  act 
shall  in  all  cases  be  in  addition  to  any  and  all  special  taxes 
and  sums  which  said  company  is  now  under  such  legal 
obligation  to  pay,  and  in  addition  to  the  taxes  now  or  here- 
after assessed  by  any  city  or  town  upon  the  land  and  build- 
ings of  any  such  company  ;  and  the  payments  in  this  act 
provided  for  shall  be  in  lieu  and  satisfaction  of  all  other 
taxes,  excises,  burthens,  or  impositions  whatsoever,  by  or 
under  authority  of  this  state,  or  of  any  law  thereof,  upon 
the  property,  income,  rights,  privileges,  or  franchises  of 
such  companies  mentioned  in  this  section,  their  successors 
and  assigns,  as  shall  accept  the  provisions  of  this  act, 
excepting  such  as  are  now  imposed  upon  such  property, 
incomes,  rights,  privileges,  or  franchises,  and  such  as  may 
hereafter  be  imposed  generally  and  without  discrimination 
upon  the  property,  income,  rights,  privileges,  or  franchises 
of  all  persons  and  corporations. 
Companies  accept-        Sec.  '2.     Evcry    Street    railway    company,   its   successors 

ing  this  act  to  enjoy  .  ...  i  i  i         i 

certain  rights,  privi-   and  assigns,  now  or  hereafter  incorporated   under  the   laws 

leges  and  franchises.        r      ,  •  •  •^  • 

of  this  state,  operating  street  railways  in  any  city  or  town 
in  this  state,  which  shall  accept  the  provisions  of  this  act, 
in  manner  hereinafter  specified,  and  that  shall  agree  to  the 
division  of  profits  and  make  the  payments  herein  provided, 
shall  have  and  enjoy,  with  respect  to  all  lines  leased,  owned, 
or  operated  by  it  during  the  continuance  of  such  payments, 
and  in  consideration  thereof,  all  the  rights,  privileges,  and 
franchises  which  it  has  at  the  time  of  such  acceptance  or 
which  may  thereafter  be  granted  to  it  to  construct,  main- 
tain, use,  and  operate  street  railways  with  the  cars,  and  all 
appurtenances  of  such  railways  in  the  manner  and  by  the 
method  in  use  by  it  at  the  time  of  such  acceptance,  or  by 
such  improved  methods  as  it  may  be  authorized  by  the  gen- 
eral  assembly  to  adopt,  and   as  it  may  employ  from  time  to 


FRANCHISES.  199 

time,  upon,  over,  and  under  all  the  streets,  avenues,  high- 
ways, and  public  places  in  the  cities  and  towns  in  which 
the  tracks  of  said  company  may  at  the  time  of  such  accept- 
ance be  actually  located,  or  in  which  they  may  thereafter 
be  lawfully  located,  subject  only  to  the  right  of  revocation 
hereinafter  provided  for :  provided,  hoivever,  that  every 
street  railway  company  accepting  the  provisions  of  this  act 
shall,  so  long  as  it  continues  to  enjoy  the  rights,  privileges? 
and  franchises  aforesaid,  continue  to  pay  to  the  several  cities 
and  towns,  notwithstanding  the  expiration  of  any  existing 
contracts  or  agreements,  such  sums  as  are  now  or  may  be 
required  thereunder  until  new  contracts  or  agreements  shall 
be  made,  and  such  sums,  not  less,  however,  than  those  paid 
at  the  expiration  of  such  existing  contracts  or  agreements, 
as  may  thereafter  be  agreed  upon  from  time  to  time,  and 
failure  for  ninety  days  on  the  part  of  any  such  street  railway 
company  to  make  any  payment  required  by  this  act  shall 
cause  a  forfeiture  of  all  rights,  privileges,  and  franchises 
conferred  and  granted  thereby. 

Sec.  o.     The  city  council  of  any  city  or  the  town  council      city  councils  may 

•'  •'  ■'        ^  revoke    location  and 

of  any  town  may,  after  fourteen  days'  written   notice  to  all   right  to  use  any  por- 

_  ^  _  _        tion  of  street,  when. 

parties  interested  of  the  time  and  place  at  which  they  will 
consider  such  matter,  and  after  hearing  all  parties,  if  the 
public  necessity  and  convenience  in  the  use  of  any  portion 
of  a  street  require  it,  for  good  and  sufficient  reasons,  to  be 
stated  in  the  order  therefor,  order  that  the  location  and  the 
right  to  maintain,  continue,  and  use  tracks,  with  poles,  wires, 
and  other  appurtenances  in  such  portion  shall  be  revoked  ; 
and  such  revocation  of  such  location  and  right  shall  take 
effect  when  approved  by  the  railroad  commissioner,  after 
public  notice  and  hearing.  Upon  revocation,  as  aforesaid, 
the  company  shall  remove  the  tracks  in  conformity  with  the  .  Removal  of  tracks 

'         •'  ^  in  conformity  with  the 

order  of  revocation,  and  shall  put  the  portion  of  the  surface  revocation, 
of  the  streets  disturbed  by  such  removal  in  as  good  con- 
dition and  with  the  same  material  as  the  adjacent  surface  of 
said  streets.  If  the  company  neglects  to  execute  such  order, 
after  thirty  days'  notice  thereof,  the  city  council  of  such  city, 
or  the  town  council  of  such  town,  may  cause  the  same  to  be 
executed  and  the  work  done  at  the  expense  of  the  company, 


200 


FRANCHISES. 


In  case  of  revoca- 
tion, company  shall 
be  granted  a  right  in 
another  street. 


Increase  of  capital 
stock  shall  be  subject 
to  the  approval  of 
the  railroad  commis- 


Tax  to  be  paid,  how 
to  be  computed. 


to  be  recovered  in  an  action  of  the  case  :  provided,  how- 
ever, that  in  each  such  case  of  revocation  such  city  or  town 
council  shall  in  and  by  such  order  grant  to  such  company 
interested  a  right  in  another  street  or  highway  in  such  city 
or  town,  as  nearly  similar  in  public  convenience  as  possible, 
to  construct,  maintain,  use,  and  operate  its  railroad  and  the 
appurtenances  thereof;  and  provided  further,  \\i2X  no  such 
location  or  right  of  any  company  accepting  the  provisions 
of  this  act  shall  hereafter  be  revoked  by  any  city  or  town 
council,  except  under  and  in  accordance  with  the  provisions 
of  this  act ;  and  provided  further,  that  any  city  or  town  coun- 
cil, or  any  company  aggrieved  thereby,  may  appeal  from  any 
decision  of  any  such  railroad  commissioner  upon  any  such 
order,  within  thirty  days  after  the  rendering  of  such  decision, 
to  the  justices  of  the  supreme  court  assigned  to  the  appellate 
division  thereof,  and  such  justices,  or  a  majority  of  them, 
shall  thereupon  hear  and  finally  determine  all  matters  of  law 
and  fact  involved  in  said  appeal,  including  the  question  of 
public  necessity  and  convenience,  and  the  propriety  of  the 
order  or  decree  made  by  such  city  or  town  council,  and  may 
annul,  modify,  or  amend,  any  such  order  or  decree,  and 
take  such  other  action  in  the  premises  as  law  and  justice 
may  require. 

Sec.  4.  The  several  street  railway  companies  in  this  state 
accepting  the  provisions  of  this  act  may  hereafter  increase 
their  capital  stock  from  time  to  time  to  meet  the  costs  and 
expenditures  actually  made  for  extensions  and  for  new  con- 
struction and  equipment,  and  the  cost  of  such  extensions 
or  improvements  shall  be  certified  by  the  railroad  commis- 
sioner, and  all  issues  of  capital  stock  for  such  purpose  shall 
be  subject  to  the  approval  of  such  officer. 

Sec.  5.  If  the  street  railway  line  operated  by  any  com- 
pany which  accepts  the  provisions  of  this  act  extends  beyond 
the  limits  of  this  state,  the  payments  to  be  made  by  such 
company  under  the  provisions  of  this  act  shall  be  computed 
only  upon  the  gross  earnings  of  such  company  upon  its  lines 
within  the  limits  of  this  state  ;  and  in  case  the  dividends 
of  such  company  for  any  year  ending  on  the  thirtieth  day 
of  June  next  preceding  the  date  upon  which  such  tax  is  due 


FRANCHISES. 


201 


and  payable  exceed  eight  per  centum  on  its  capital  stock 
actually  outstanding  in  such  year,  the  further  sum,  if  any, 
to  be  paid  by  such  corporation,  in  addition  a  sum  equal  to 
one  per  centum  on  its  gross  receipts  from  the  operation  of 
its  lines  within  the  state  for  such  year,  shall  be  the  sum 
required  to  make  its  payments,  under  the  provisions  of  this 
act,  equal  to  an  amount  which  shall  bear  the  same  ratio  to 
its  whole  dividends  in  excess  of  eight  per  centum  for  such 
year  as  its  gross  earnings  from  its  lines  in  this  state  bear  to 
its  whole  gross  earnings  for  such  year.  And  for  the  pur- 
poses of  this  act  the  gross  earnings  of  any  such  corporation 
from  its  lines  within  this  state  for  any  year  shall  be  deemed 
and  taken  to  be  that  proportion  of  its  total  gross  earnings  for 
such  year  which  the  length  of  tracks  operated  by  it  in  this 
state,  exclusive  of  sidings  and  turnouts,  bears  to  the  total 
length  of  tracks,  exclusive  of  sidings  and  turnouts,  operated 
by  such  company  during  such  year. 

Sec.  6.     No   street   railway  company  which   accepts  the      Tax  not  required  to 
provisions   of  this   act   shall   be  required   to   pay   the  sums   pany,  when. 
herein   provided   for  during  any  period  when  its   lines  are 
operated   under  a  lease  or  otherwise  by  another   company 
which  accepts  this  act  and  pays  the  tax  herein  imposed. 

Sec.  7.  This  act  shall  take  effect  from  and  after  its  provisions  of  this 
passage,  but  its  provisions  shall  not  apply  to  any  street  rail-  '?aiU\ay^''compan\es, 
way  company  until  such  provisions  shall  have  been  accepted 
and  assented  to  in  writing  by  such  street  railway  company, 
and  the  payments  provided  for  in  this  act  to  be  made  by 
any  such  street  railway  company  shall  not  commence  until 
a  written  assent  is  delivered  by  such  railroad  company  to  the 
state  of  Rhode  Island,  and  the  secretary  of  state  is  hereby 
authorized  and  directed  to  accept  the  same  in  the  name  and 
on  behalf  of  the  state  of  Rhode  Island,  and  under  its  seal, 
and  to  sign,  seal,  and  execute  such  acceptance  in  duplicate, 
and  to  deliver  one  of  said  duplicates  to  every  such  assent- 
ing street  railway  company  immediately  upon  the  assent  of 
such  company,  and  the  other  of  said  duplicates  to  the  gen- 
eral treasurer,  and  thereupon  the  provisions  of  this  act  shall 
be  binding  and  in  full  force  between  the  state  and  such 
assenting   company,  and   shall   not   be   altered  or  amended 

•2G 


when. 


202 


FRANCHISES. 


without  the  consent  of  both   parties,  and  all  acts  and  parts 

of  acts,  ordinances,  votes,  and  assents  inconsistent  herewith 

are  hereby  annulled  and  repealed  :    pt-ovided^   however^  that 

Free  transfer  act   nothing  herein  contained  shall  affect  any  of  the   provisions 

Providence     un-  •   ,     i        «  ■  i  r   r 

of  the  act  entitled  "An  act  to  provide  a  system  of  free  trans- 
fers in  the  city  of  Providence,"  passed  by  the  general 
assembly  at  its  January  session,  A.  D.  1896;  and  provided 
further^  that  existing  street  railway  companies  accepting  the 
provisions  of  this  act  shall  do  so  on  or  before  October  1, 1898. 


affected. 


Acceptances,  when 
to  be  filed. 


Chanter  737   ^'^  ^^'^  concerning  certain  street  railway 

"     "  COMPANIES,  AND  IN  ADDITION  TO  CHAPTER  580  OF 

of  April 20, 1900.  ^p^g  PUBLIC  LAWS,  PASSED    AT   THE    MAY  SESSION, 

A.  D.  1898. 


Section 
1.  Increase  of  capital  stock  of  certain 
railroad  companies  authorized  ;  tax 
to  be  paid  to  state. 


Section 
2.  Operative  clause. 


//  is  enacted  by  the  Getieral  Assembly  as  foUotvs : 

Increase  of  capital  SECTION  1.  The  Union  Railroad  Company,  the  Paw- 
?a°iwa?compLnfes!''  tuckct  Street  Railway  Company  and  the  Rhode  Island 
Suburban  Railway  Company  may  hereafter  increase  their 
capital  stock  from  time  to  time,  in  addition  to  the  amounts 
now  actually  issued  and  outstanding,  which  are  hereby 
severally  approved  and  confirmed,  to  meet  the  costs  and 
expenditures  actually  made  for  extensions  and  for  new  con- 
struction and  equipment,  without  reference  to  the  amounts 
heretofore  limited  in  their  charters  ;  and  the  cost  of  such 
extensions  and  improvements  shall  be  certified  by  the  rail- 
road commissioner,  and  all  issues  of  capital  stock  for  such 
purpose  shall  be  subject  to  the  approval  of  such  officer : 
provided^  however,  that  each  of  said  companies  shall,  when- 
ever it  issues  any  additional  capital  stock  as  herein  pro- 
vided, pay  to  the  general  treasurer  for  the  use  of  the  state 
a  tax  of  one-tenth  of  one  per  centum  of  the  amount  of  such 
capital  stock  so  issued  at  the  time. 

Sec.  2.     This   act  shall   take   effect   from    and    after   its 
passage,  and,  as   to   any   of  said  companies,   whenever   ac- 


Tax  to  be  paid  to 
state. 


Operative  clause. 


FRANCHISES. 


203 


cepted  by  such  company  in  accordance  with  section  seven  of 
Chapter  5<S0  of  the  public  laws,  passed  at  the  May  session, 
A.  D.  1898. 


AN  ACT  CONXERNING  THE 
LIGHTING 

Section 

1.  Narragansett  Electric  Lighting  Com- 

pany may  issue  mortgage  bonds  for 
20  years  to  the  amount  of  $1,000,000. 

2.  Exclusive   franchise   granted  for   20 

years  from  July  1,  1892,  to  dis- 
tribute electricity  for  light,  heat  and 
power ;  street  railroad,  telegraph 
and  telephone  companies  excepted  ; 
cit)'  council  may  make  rules  and 
regulations  governing  operation ; 
poles  and  wires  may  be  removed  on 
90  days'  notice,  but  new  locations 
to  be  provided ;  new  system  for 
distributing  electricity  to  be  intro- 
duced, when. 

3.  Existing  obligations   to   city   contin- 

ued. 

4.  City  may  produce  electricity  on  its 
own  premises  ;  City  lighting  plant, 
how  established ;  question  to  be 
passed  upon  by  city  council  and 
submitted  to  the  voters  qualified  to 
vote  for  members  of  city  council 
for  ratification  ;  City  to  buy  plant 
of    Electric   Lighting   Company   in 


NARRAGANSETT  ELECTRIC    A«f    nf    1 9Q? 
COMPANY.  ^"^ 


May  19. 


Section 

case  it  is  decided  to  establish  a 
City  lighting  plant ;  price  to  be 
fixed  by  arbitration  in  case  of  fail- 
ure to  agree. 

5.  Company  to  make  quarterly   returns 

to  city  treasurer  of  its  gross  earn 
ings ;  amount  of  special  tax  on 
gross  earnings  ;  rate  to  be  fixed  by 
arbitration  in  case  of  failure  to 
agree. 

6.  New  electric  lights  may  be  ordered  ; 

exclusive  franchise  to  cease  in  case 
of  failure  to  supply  lights. 

7.  Rates  of  service  not  to  be  increased. 

8.  Rate  to  be  charged  the  city  for  elec- 

tric lights,  how  determined  ;  price 
to  be  fixed  by  arbitration  in  case  of 
failure  to  agree. 

9.  Di%'idends  shall  not  exceed  an  aver- 

age rate  of  eight  per  centum ; 
surplus  to  be  applied  to  a  reduc- 
tion of  the  cost  of  service. 

10.  Provisions  for  the  selection  of  arbi- 

trators. 

11.  Operative  clause. 


//  is  enacted  by  the  GeJieral  Assembly  as  follows  : 

Section  1.  The  Narragansett  Electric  Lighting  Com- 
pany is  hereby  authorized  and  empowered  to  issue  from 
time  to  time  its  first  mortgage  bonds,  bearing  interest  pay- 
able in  gold  coin  of  the  United  States  of  the  present 
standard  weight  and  fineness,  twenty  years  after  date,  to  an 
amount  not  exceeding  one  million  dollars,  and  to  execute 
and  deliver  to  a  trustee  or  trustees  a  first  mortgage  of  all 
its  property,  real,  personal  and  mixed,  including  any  stock 
in  any  other  corporation  held  by  it,  and  all  its  powers, 
rights,  privileges  and  franchises  which  it  may  have,  or  in 
any  way  be  entitled  to  at  any  time,  or  which  it  may  here- 
after acquire   anywhere  to  erect,  construct,   maintain,   use 


Narragansett  Elec- 
tric Lighting  Co.  may 
issue  mortgage  bonds 
to  amount  of  $1,000,- 
000. 


204 


FRANCHISES. 


Exclusive  franchise 
granted  for  twenty 
years  from  July  1, 
1892. 


Street  railroad,  tel- 
ephone and  telegraph 
companies  excepted. 


and  operate  poles,  wires,  conductors  and  other  structures, 
systems  or  methods,  appliances  or  appurtenances  for  the 
transmission  of  electricity,  and  for  use  in  the  business  of 
producing,  selling  and  distributing  currents  of  electricity 
to  be  used  for  light,  heat,  power  or  other  purposes,  to 
secure  the  payment  of  said  bonds  ;  such  mortgage  to  con- 
tain such  powers  of  sale  and  provisions  for  a  sinking  fund 
as  said  Narragansett  Electric  Lighting  Company  may  pro- 
vide. 

Sec.  2.  The  Narragansett  Electric  Lighting  Company, 
and  any  party  claiming  title  from  it  under  said  mortgage 
hereinbefore  authorized,  in  addition  to  all  the  powers,  rights, 
privileges  and  franchises  which  said  Narragansett  Electric 
Lighting  Company  now  has  or  is  in  any  way  entitled  to 
anywhere,  shall,  for  a  period  of  twenty  years  from  and  after 
July  first,  1892,  have  in  the  city  of  Providence  the  exclusive 
right,  to  keep,  maintain  in  good  order  and  repair,  use  and 
operate,  in  any  manner  in  which  it  may  now  lawfully  do  or 
may  hereafter  be  authorized  to  do  during  said  period,  poles, 
wires,  conductors  and  other  structures,  systems  or  methods, 
appliances  and  appurtenances,  for  use  in  the  business  of 
producing,  selling  and  distributing  currents  of  electricity  to 
be  used  for  light  and  power,  in  the  same  streets  and  high- 
ways in  which  said  company  now  maintains  poles  and  wires; 
and  also  in  any  other  streets  and  highways  in  which  it  shall 
hereafter,  during  said  period,  be  authorized  by  said  city  to 
erect  and  maintain  such  poles,  wires,  conductors  and  other 
structures,  systems  or  methods,  appliances  and  appur- 
tenances :  provided,  hotvever,  that  nothing  in  this  act  shall 
in  any  way  be  held  or  construed  to  prevent  in  said  city  at 
any  time  any  street  railroad  company,  telephone  company, 
telegraph  company  or  party  authorized,  or  who  may  be 
hereafter  authorized  by  the  city  of  Providence,  to  do  a 
street  railroad,  telephone  or  telegraph  business  therein, 
from  having  and  exercising  the  right  to  keep,  maintain  in 
good  order  and  repair,  use  and  operate  in  any  manner  in 
which  such  company  or  party  may  lawfully  do  at  said  date, 
or  thereafter  be   authorized   to   do  during  said   period,  the 


FRANCHISES.  205 

poles,  wires,  conductors,  and  other  structures,  systems, 
methods,  appliances  and  appurtenances  of  such  company 
or  party,  for  use  in  producing  and  distributing  currents  of 
electricity  to  be  used  for  light,  heat,  power,  and  other  pur- 
poses, in  carrying  on  the  street  railroad,  telephone,  or  tele- 
graph business  of  such  company  or  party,  in  any  manner  in 
which  they  may  be  authorized,  in  any  streets  or  highways, 
whether  the  same  shall  be  occupied  by  said  Narragansett 
Electric  Lighting  Company  or  not,  or  to  prevent  said  city  of 
Providence  from  erecting,  maintaining,  and  operating  any 
poles,  wires,  and  other  appliances,  necessary  for  its  police 
signal  and  fire  alarm  and  other  public  uses  and  services,  in 
accordance  with  the  provisions  of  section  four  hereof :  and 
provided  further^  that  the  City  Council  of  said  city  may  from      city  Council  may 

^.  ^       ..  •  ,  LI  1  1  1    i-  make       rules       and 

time  to  time  impose  such  reasonable  rules  and   regulations  regulations  governing 
as  to  the  erection,  construction,  location,  relocation,  removal,   "p®""^''""- 
use,   and  operation   of  said   poles,    wires,   conductors,   and 
other  structures,  systems  or  methods,  appliances  and  appur- 
tenances, in  any  street,  highway,  conduit,  subway,  or  other 
system  within  said  city,  as  the  public  good  may  require  ;  and 
provided  further,  that    said  City  Council    may   at   any  time 
when  the  public  good  requires  that  such  poles,  wires,  con-      p^j^^    ^^^   ^^.j^^^ 
ductors,  and  other  structures,  systems  or  methods,  appliances   gcT'davs-'^o'tice^'^ but 
or  appurtenances,  shall  be  removed  from  any  street  or  high-  provided."""^  '°  ^^ 
way,  require  said  Narragansett  Electric  Lighting  Company, 
or    party    claiming  under   it,  to  remove  such    poles,   wires, 
conductors,    and    other    structures,    systems     or    methods, 
appliances  and  appurtenances,  from  such  street  or  highway 
upon  ninety  days'  written  notice.     And  forthwith,  upon  the 
removal  thereof,  said  City  Council  shall  grant  to  said  com- 
pany or  party,  a  right,  as  nearly  similar  in  public  convenience 
as   possible,  to  construct,  maintain,   use,  and  operate    such 
poles,  wires,   conductors,  and   other   structures,   systems  or 
methods,  appliances  and  appurtenances,  in  some  other  street 
or   highway   of  such   city;   and  provided  further,  thdit   if  at 
any  time   any  system    for   distributing  electricity  of  equal       j^,^^^.  svstem   for 
practical  and  commercial  value  to  the  svstem  now  in  use  in   distributing  eiectric- 

'^  '  ity  to  be  introduced, 

the  city  of  Providence  shall  be  invented  and  perfected,  said   '^''^^"• 
Narragansett  Electric  Lighting  Company,  or  any  party  claim- 


206 


FRANCHISES. 


Existing    obligations 
to  City  continued. 


City  may  produce 
electricity  on  its  own 
premises  for  light, 
heat,  and  power. 


City  lighting  plant, 
how  established. 


Question  to  be 
passed  upon  by  City 
Council  and  sub- 
mitted to  the  voters 
qualified  to  vote  for 
members  of  City 
Council  for  ratifica- 
tion. 


ing  title  under  it,  as  soon  as  may  be  after  the  commercial 
and  practical  utility  of  such  system  have  been  demonstrated, 
shall,  when  so  authorized  by  the  City  Council,  introduce  and 
apply  said  system  into  the  city  of  Providence,  and  there- 
upon remove  from  the  public  streets  and  highways  of  said 
city  all  poles,  wires,  and  other  structures  and  appurtenances, 
rendered  unnecessary  by  the  introduction  of  such  new 
system  ;  and  if  said  company,  or  party,  shall  refuse  or  neglect 
to  adopt  and  apply  such  new  system  for  one  year  after 
receiving  notice  in  writing  from  said  city  of  Providence  so 
to  do,  the  exclusive  rights  granted  by  this  act  shall  there- 
upon cease  and  determine. 

Sec,  3.  Nothing  in  this  act  contained  shall  be  construed 
in  any  way  to  relieve  the  Narragansett  Electric  Lighting 
Company,  or  any  party  claiming  title  under  it,  from  any 
obligation,  or  from  paying  any  tax  or  money  which  it  may 
now  or  hereafter  be  under  legal  obligation  to  said  city  to 
perform  or  pay. 

Sec.  4.  Nothing  in  this  act  contained  shall  in  any  man- 
ner be  construed  or  held  to  preclude,  prevent,  or  hinder  the 
said  city  of  Providence  from  producing  and  distributing 
currents  of  electricity  for  light,  heat,  power,  or  any  other 
purposes,  under  any  systems  or  methods  whatsoever,  for  its 
own  use  and  upon  its  own  premises  in  whatever  manner  or 
direction  ;  and  nothing  in  this  act  shall  be  construed  to  pre- 
clude, prevent,  or  hinder  the  said  city  of  Providence  from 
erecting  and  maintaining  poles,  wires,  conductors,  apparatus, 
or  structures  of  any  name  or  nature  which  said  city  may  see  fit 
to,  in  or  near  the  streets  of  said  city  of  Providence,  or  in  any 
place  in  said  city  or  in  the  vicinity  thereof,  in  order  that  said 
city  may  utilize  to  the  best  advantage  for  its  own  purposes, 
and  for  its  own  use  any  currents  of  electricity  which  may  be 
produced  by  said  city  as  aforesaid  :  provided,  hoivever,  that 
said  city  shall  not  exercise  the  right  to  produce  or  distribute 
electricity  for  lighting  its  streets  and  highways  (excepting 
roads  and  driveways  in  its  public  parks)  until  a  vote  that  it 
is  expedient  so  to  do  shall  have  passed  each  branch  of  its 
City  Council  by  a  majority  vote  of  all  the  members  elected, 
and  received  the  approval  of  the  mayor,  and  thereafter  have 


FRANCHISES.  207 

been  ratified  by  a  majority  of  the  voters  qualified  to  elect 
members  of  the  City  Council  of  said  city,  present  and  voting 
thereon  at  the  annual  municipal  election  which  shall  be  held 
next  after  the  expiration  of  four  months  from  the  date  of 
the  mayor's  approval ;  and  when  such  a  vote  has  failed  to 
secure  ratification,  no  similar  vote  shall  be  submitted  for 
ratification  until  after  the  expiration  of  three  years.  And 
in  case  of  the  passage,  approval,  and  ratification  of  such 
vote  the  amount  of  the  annual  tax,  if  any,  to  be  paid  by  the 
Narragansett  Electric  Lighting  Company  as  the  tax  upon  its 
gross  earnings  hereinafter  provided  for,  shall  be  fixed  by 
arbitration  as  provided  in  section  ten  hereof.  But  this  sec- 
tion shall  not  be  construed  so  as  in  any  manner  to  annul  or 
affect  any  contract  existing  between  said  city  and  said  com- 
pany at  the  date  of  the  ratification  of  said  vote  at  the 
municipal  election.     And  if  said  city  shall  decide,  as  in  this      city  to  buy  plant  of 

...  ,.    ,       .  1     1  •    ,  •        1      ,1     Electric  Lighting  Co. 

section    provided,  to  light  its  streets  and  highways,  it  shall   incase  it  is  decided  to 

,  T         r      1  1  •  establish  a  City  light- 

buy   such   of  the   poles,   wires,  structures,    mast   arms,  and   ing  plant. 

other  appurtenances  of  said  Narragansett  Electric  Lighting 

Company,  or  party  claiming   under  it,  in  said  streets  and 

highways,  and  such  other  property  of  said  company  as  shall 

then   be  in  use   solely  for  the   lighting  of  said   streets  and 

highways  ;  and  shall  pay  to  said  company  therefor  the  fair 

value  thereof  for  the  purposes  for  which  the  same  are  in 

use,  such  value,  unless  agreed  upon  within  sixty  days  after      Price  to  be  fixed  by 

.  arbitration  in  case  of 

the  ratification  of  such   vote,  to  be  fixed   by  arbitration,  as   failure  to  agree. 
provided  in  section  ten  hereof. 

Sec  5.     The   Narragansett   Electric   Lighting  Company,      Company  to  make 

quarterly    returns    to 

or  any  corporation  or  party  claiming  title  under  it,  shall  make  city  treasurer  of  its 
and  render  to  the  treasurer  of  the  city  of  Providence,  on  or 
before  the  thirtieth  day  of  January,  April,  July  and  October, 
in  every  year,  returns  verified  by  the  oath  of  such  party,  or, 
if  a  corporation,  by  the  oath  of  its  president,  treasurer,  or 
secretary,  of  the  gross  earnings  of  such  corporation,  or  party, 
within  said  city  of  Providence  for  a  period  of  three  months 
next  preceding  the  first  day  of  January,  April,  July  and 
October,  in  each  year,  and  shall,  at  the  same  time,  pay  to 
said  city  treasurer,  in  full  payment  for  the  rights  and  privi- 
leges in  and  to  the  streets  and  highways  of  said  city  herein- 


gross  earnmgs. 


208  FRANCHISES. 

Amount  of  special     before   granted,  a  special  tax  equal  to  three  per  centum  of 

tax  on  gross  earnings,  ....  .  .   ,  .  .  , 

the  gross  earnings  of  said  corporation,  or  party,  within  said 
city,  for  a  period  of  ten  years  next  succeeding  the  first  day 
of  July,  A.  D.  1892,  and  thereafter  at  a  rate  of  not  less 
than  three  per  centum  nor  more  than  five  per  centum  for 
each  succeeding  period  of  five  years,  during  the  period  of 
Rate  to  be  fixed  by   such  exclusivc   right,  the  rate  to  be  fixed  by  agreement  of 

arbitration  in  case  of  ...  ...  .... 

failure  to  agree.  the   partics,  if  possible,   Within   three  months   prior  to  the 

expiration  of  each  of  said  periods ;  otherwise  by  arbitration 
as  provided  in  section  ten  hereof.  And  in  case  said  corpo- 
ration or  party  shall  neglect  to  pay  such  quarterly  tax  as 
aforesaid,  said  city  treasurer  may  collect  and  recover  of  said 
corporation  or  party,  as  other  taxes  are  collectible,  double 
the  amount  of  the  special  tax  shown  to  be  due  by  the  last 
preceding  quarterly  return  of  said  corporation  or  party. 
New  electric  lights         Sec.  6.     Whenever  in  the  opinion  of  the  City  Council  of 

may  be  ordered. 

the  city  of  Providence  the  public  good  requires  that  elec- 
tric lights,  or  poles,  wires,  conductors  and  other  structures, 
systems  or  methods,  appliances  and  appurtenances,  for  the 
transmission  of  electricity  for  use  in  the  business  of  pro- 
ducing, selling  and  distributing  electricity  to  be  used  for 
light,  heat,  power  and  other  purposes,  shall  be  furnished  or 
constructed  in  said  city  in  addition  to  those  then  furnished 
or  operated  by  said  Narragansett  Electric  Lighting  Com- 
pany, or  any  party  claiming  title  under  it,  said  City  Council 
may,  at  any  time  and  from  to  time  during  the  existence  of 
Exclusive  franchise   Said  twenty  ycars'  franchise,  order  said  Narragansett  Elec- 

to   cease    in  case   of     ,    .      ^  ■     u^-  r^  ^         i    ■      ■  j  •*.    ^ 

failure  to  supply  the   tric  Lighting  Company,  or  party  claiming   under  it,  to  con- 
'^  ^'  struct,    maintain    and    operate    such    lights,    poles,    wires^ 

conductors  and  other  structures,  systems  or  methods,  appli- 
ances and  appurtenances,  within  said  city,  within  six  months 
after  the  passage  of  said  order,  and  upon  failure  on  the 
part  of  said  Narragansett  Electric  Lighting  Company,  or 
party  claiming  title  under  it,  to  comply  with  such  order 
within  said  time,  the  exclusive  rights  granted  by  this  act 
shall  thereupon  cease  and  determine. 
Rates  for  services  not  Sec.  7.  Said  Narragansett  Electric  Lighting  Company 
to  be  mcreased.  g^all  uot,  nor  shall  any  party  claiming  title  under  it,  at  any 
time|during  the  continuance  of  the  exclusive  right  or  privi- 


FRANCHISES. 


209 


leges  granted  under  this  act,  charge  for  its  services  within 
said  city  any  greater  rates  than  the  rates  actually  charged 
by  said  company  at  the  time  of  the  passage  of  this  act  for 
such  or  equivalent  service,  both  rates  being  reckoned  in 
United  States  gold  coin  of  the  standard  weight  and  fine- 
ness in  force  at  the  time  of  the  passage  hereof,  or  in  the 
equivalent  thereof  in  actual  value  in  other  lawful  money 
of  the  United  States. 

Sec.  8.  From  and  after  the  expiration  of  the  present 
contract  between  the  city  of  Providence  and  said  Narragan- 
sett  Electric  Lighting  Company,  and  until  the  expiration  of 
said  twenty  years'  franchise,  the  rate  to  be  charged  to  said 
city  for  electric  lights  by  said  company,  or  any  party  claim- 
ing under  it,  shall  be  determined  as  follows,  viz. :  The  said 
company,  or  party,  and  the  City  Council  of  the  city  of  Provi- 
dence, shall  agree,  if  possible,  at  least  three  months  before 
the  expiration  of  the  present  contract  between  said  city 
and  said  company,  upon  the  rate  to  be  paid  said  company, 
or  party,  by  said  city  for  said  lights  during  the  succeeding 
])eriod  of  three  years  ;  and  thereafter,  and  until  the  expira- 
tion of  said  twenty  years'  exclusive  franchise,  said  City 
Council  and  said  company,  or  party,  shall,  at  least  three 
months  before  the  commencement  of  each  succeeding 
period  of  three  years,  agree,  if  possible,  upon  the  rate  to 
be  paid  by  said  city  to  said  company,  or  party,  for  said 
lights  during  such  period  of  three  years  ;  and  in  case  said 
City  Council  and  said  company,  or  party,  shall  fail  to  agree 
upon  a  rate  to  be  paid  by  said  city  to  said  company,  or 
party,  for  any  of  the  periods  above  mentioned  within  two 
months  prior  to  the  commencement  of  such  period,  the  rate 
for  such  period  shall  be  determined  by  arbitration  as  pro- 
vided in  section  ten  hereof. 

Sec.  9,  From  and  after  the  passage  of  this  act,  and 
until  the  expiration  of  the  rights  and  privileges  granted 
hereby,  the  said  Narragansett  Electric  Lighting  Company,  or 
party  claiming  under  it,  shall  not  pay  a  greater  average  rate 
of  dividend  than  eight  per  centum  per  annum,  based  upon 
the  amount  of  its  capital  stock  now  issued  and  outstanding, 
and  such  additional  capital  stock  as  shall  hereafter  be  actu- 
27 


Rate  to  be  charged 
city  for  electric  lights, 
how  determined. 


Price  to  be  fixed  by 
arbitration  in  case  of 
failure  to  agree. 


Dividends  sh.il!  not 
exceed  an  average 
rate  of  8  per  centum 
per  annum. 


210  FRANCHISES. 

ally  subscribed  for   in  cash  at  not  less   than   the  par   value 

of  the  stock,  and  any  and  all  net  earnings  over  and  above 

Surplus  to  be  ap-    Said  dividend  of  eight  per  centum  per  annum   and   a   cash 

plied  to  the  reduction  ^  ,  .  , 

of  the  cost  of  service,  surplus  not  exceeding  ten  per  centum  of  the  then  issued  and 
outstanding  capital  stock,  shall  be  applied  to  the  reduction 
of  the  cost  of  its  services  to  the  city  and  its  citizens.  And 
all  extensions  of  its  plant  shall  be  paid  for  out  of  capital 
actually  paid  in,  or  out  of  money  borrowed  as  authorized 
by  section  one  hereof,  and  not  out  of  earnings. 
Provisions  for  the        Sec.  10.     Whenever  it  is  provided   in   this   act  that   any 

selection  of  arbitra- 
tors, question  or  matter  shall  be  decided  or  adjusted  by  arbitra- 
tion, such  arbitration  shall  be  conducted  in  the  following 
manner,  viz.  :  Three  disinterested  persons  shall  be  chosen 
as  arbitrators,  one  by  the  City  Council  of  the  city  of  Provi- 
dence in  joint  convention,  one  by  said  corporation  or  party 
claiming  title  under  it,  and  the  third  by  the  two  so  chosen. 
The  determination  of  said  arbitrators,  or  of  a  majority  of 
them,  shall  be  made  within  thirty  days  of  the  time  of  their 
appointment,  and  shall  be  final  and  binding  and  conclusive 
upon  said  city  and  upon  said  corporation  or  party.  In  case 
said  City  Council,  or  said  corporation  or  party,  shall  not  ap- 
point an  arbitrator  within  thirty  days  after  the  expiration 
of  the  time  within  which,  under  any  provision  of  this  act, 
said  city  and  said  corporation  or  party  are  to  attempt  to 
agree  upon  any  question  or  matter,  the  other  party  may 
appoint  the  first  two  arbitrators,  and  in  case  the  two  per- 
sons first  appointed  shall  not  appoint  a  third,  as  herein  pro- 
vided, either  the  city  of  Providence  or  said  corporation  or 
party  may,  after  ten  days'  notice  to  the  other  party,  apply 
to  the  supreme  court,  or  any  justice  thereof,  to  appoint  such 
third  arbitrator.  And  in  case  of  the  death,  resignation, 
neglect,  or  inabihty  to  serve  of  either  of  said  arbitrators, 
said  court,  or  any  justice  thereof,  shall  forthwith,  upon  the 
application  of  either  party,  appoint  another  arbitrator  in 
his  place  and  stead.  The  costs  of  any  arbitration  shall  be 
shared  equally  by  the  parties  thereto. 
Operative  clause.  Sec.  11.  All  acts  and  parts  of  acts,  and  all  rules,  regu- 
lations, terms,  conditions,  and  ordinances  of  any  town 
council    or  city  council,   and   all  acceptances    thereof    and 


FRANCHISES. 


211 


assents  thereto  of  said  Narragansett  Electric  Lighting  Com- 
pany, or  of  any  companies  consolidated  into  or  with  it, 
inconsistent  herewith,  are  hereby  repealed  and  annulled, 
and  all  cities  and  towns  holding  any  such  acceptances  or 
assents,  are  hereby  required  by  their  proper  officers  to  forth- 
with cancel  and  discharge  the  same  ;  and  this  act  shall  take 
effect  from  and  after  its  passage. 


AN  ACT  CONCERNING  FERRY-BOATS  IN  THE  HARBOR    Aq*    q|     IRAQ 

OF    PROVIDENCE.  February  4. 

Mayor  and  aldermen  may  establish  and  regulate  ferries  in  the  harbor. 

Be  it  enacted  by  the  General  Assembly  as  follows  : 

Section  1.     The    mayor    and    aldermen    of  the    city    of      Ferries  and  feny- 
Providence  shall   have,  from   and   after  the  passage  of  this     °^^  '" 
act,  full   power    and    authority   to  establish   ferries    and  to 
regulate  the  running  of  boats  for  the  transportation  of  pas- 
sengers  for  hire,  in  any  part  of  the  harbor  of  Providence;   Act  of  jan.is,  i848. 
*     *     *     and   to  affix   penalties    for  the    violation    of  any 
regulations  established  by  them  under  the  authority  hereof, 
not  exceeding  five  dollars  for  one  offence  ;  which   penalties 
shall  be  recovered  in  the  same  way  as  penalties  for  the  vio-  Penalties, 

lation  of  ordinances  of  said  city  now  are  :  provided,  that 
said  mayor  and  aldermen  shall  not  fix  the  rate  of  ferriage  in 
the  daytime  above  two  cents  for  each  passenger. 


212 


HARBOR. 


DiS6St0f1822    ''^^    ^^^    RELATIVE    TO    THE     HARBOR    AND    PUBLIC 
WATERS  OF  THE  TOWN  OF  PROVIDENCE. 

page  484. 


Section 

1.  Town  may  make  laws  to  prevent  en- 

croachment on   harbor,    or    public 
waters. 

2.  Boundaries  of  harbor  established. 


Section 

3.  Penalty  for  encroaching  on  the  har- 

bor. 

4.  Penalty  for   violating  regulations  re- 

lating to  harbor. 


Prevention  of  en- 
croacliment  on  har- 
bor or  public  waters. 


Boundaries    of     har- 
bor established. 


Section  1.  Be  it  enacted  by  the  General  Assembly,  and  by 
the  authority  thereof  it  is  enacted,  That  the  town  of  Provi- 
dence be  and  the  said  town  hereby  is  authorized  and  em- 
powered to  prevent  encroachments  or  obstructions  in  the 
harbor  of  said  town,  in  the  cove  above  the  bridge,  and  in 
the  other  public  waters  thereof ;  and  to  make  such  laws, 
rules  and  regulations  for  the  preservation  of  said  harbor, 
cove  and  waters,  from  encroachments  and  obstructions  as 
said  town  shall  think  proper  from  time  to  time  to  make  and 
enact. 

Sec.  2.  And  be  it  further  enacted.  That  the  proceedings  of 
said  town,  on  the  thirteenth  and  twenty-fourth  days  of  July, 
and  the  twenty-ninth  day  of  August,  A.  D.  1815,  relative  to 
the  defining  and  ascertaining  the  bounds  of  said  harbor,  be 
approved  and  established,  and  the  boundaries  and  lines 
mentioned  and  described  in  the  report  of  the  committee  be 
and  the  same  are  hereby  established,  except  only  that  the 
course  from  a  stake  at  Simmons'  wharf  to  the  blufif  near 
the  southeast  corner  of  John  Corlis'  farm,  stated  to  be,  in 
said  report,  south  fifteen  and  a  half  degrees  east,  be  cor- 
rected, according  to  the  plat  made  by  said  committee,  to  the 
course  of  south  nine  and  a  half  degrees  east. 


HARBOR. 


213 


Sec.  B.     And  he  it  further  etiacted,T'\\'i.l\i  any  person  or   Penalty  for encroaci 

ment. 

persons  shall  encroach  upon  any  part  or  the  said  harbor,  as 
defined,  ascertained  and  established  in  and  by  the  next  pre- 
ceding section  of  this  act,  by  erecting  or  placing  therein 
any  wharf,  building  or  other  fixed  obstruction,  or  neglecting 
to  keep  in  good  repair  any  wharf  or  lot  adjoining  the  har- 
bor, for  the  preservation  of  the  channel,  he,  she  or  they  so 
offending  shall  forfeit  and  pay  a  sum  not  less  than  fifty  nor 
more  than  five  hundred  dollars,  to  be  recovered  by  action  of 
debt  before  any  court  proper  to  try  the  same,  one  half 
thereof  to  and  for  the  use  of  said  town  of  Providence  and  the 
other  half  thereof  to  and  for  the  use  of  the  person  or  persons 
who  shall  sue  for  the  same  ;  and  it  shall  moreover  be  lawful 
for  the  town  council  of  said  town  to  cause  such  obstruction 
to  be  removed  at  the  cost  and  charge  of  him,  her  or  them, 
who  shall  have  so  erected  or  placed  the  same,  or  caused  the 
same  to  be  so  erected  or  placed,  as  aforesaid. 

Sec.  4.  And  be  it  further  enacted,  That  if  any  person  or 
persons  shall  violate  any  of  the  laws,  rules  or  regulations 
that  may  be  at  any  time  made  by  said  town  of  Providence, 
for  the  preservation  of  the  channel,  and  for  the  prevention 
of  any  encroachments  or  obstructions  in  the  harbor  of  said 
town,  or  the  cove  above  the  bridge,  or  in  the  other  public 
waters  thereof,  other  than  of  the  kind  mentioned  and 
described  in  the  next  preceding  section  of  this  act,  he,  she 
or  they  shall  forfeit  and  pay  a  sum  not  less  than  two  nor 
more  than  twenty  dollars  for  each  offence,  to  be  recovered 
by  action  of  debt  before  any  justice  or  justices  of  the 
peace  of  the  said  town,  one  half  thereof  to  and  for  the  use 
of  said  town  and  the  other  half  thereof  to  and  for  the  use 
of  the  person  or  persons  who  shall  sue  for  the  same. 


Obstructions  may 
be  removed. 


Penalty   for   viola- 
tion of  regulations. 


214 


HARBOR. 


Act  Of  1837 

January  21. 


Land  covered  by 
tide  water  at  ordinary 
tides  not  to  be  filled 
out  unless  protected 
by  a  permanent  wall, 
if  it  be  required  by 
board  of  aldermen. 


Penalty  for  non- 
compliance. 


AN  ACT  IN  ADDITION  TO  AN  ACT  ENTITLED  "AN  ACT 
RELATIVE  TO  THE  HARBOR  AND  PUBLIC  WATERS 
OF  THE  TOWN  OF   PROVIDENCE." 


Section 
1.  Land  covered   with  water    at    ordi- 
nary tides  not  to  be   filled   unless 
protected   by   a  permanent  wall,  if 


Section 

such  wall  be  required  by  the  board 
of  aldermen. 
2.  Penalty  for  non-compliance. 


Be  it  enacted  hy  the  General  Assembly  as  foUozvs  : 

Section  \.  No  person  or  persons,  corporation  or  cor- 
porations, shall  fill  out,  or  cause  or  procure  to  be  filled  out^ 
with  any  material  whatever,  any  flat,  shoal  or  piece  of  land 
covered  with  tide  waters  at  ordinary  tides,  within  the  limits 
of  the  city  of  Providence,  unless  he,  she  or  they  shall,  be- 
fore the  commencement  of  or  proceeding  upon  such  work, 
build,  erect  or  place,  or  cause  to  be  built,  erected  or  placed, 
upon  the  outer  line  of  the  flat,  shoal  or  piece  of  land  in- 
tended by  him,  her  or  them  to  be  filled  out,  and  also  upon 
so  much  of  the  lines,  on  both  sides  thereof  as  may  adjoin 
any  flat,  shoal  or  piece  of  land  covered  with  tide  waters  as 
aforesaid,  a  good,  permanent  stone  wall  of  proper  depth, 
width,  height  and  compactness,  and  well  and  sufiiciently 
secured,  to  prevent  the  mud  or  any  other  material  within 
said  lines  from  being  washed  or  pressed  outward  into  or 
towards  any  part  of  the  harbor  of  said  city,  of  the  cove 
above  the  bridge,  or  of  any  other  public  waters  thereof : 
provided^  the  board  of  aldermen  of  said  city  shall  require 
said  wall  or  walls  to  be  built ;  and  said  work  shall  be  done 
and  finished  in  such  manner,  and  composed  of  such  ma- 
terials, as  the  board  of  aldermen  of  the  city  shall  direct 
and  approve. 

Sec.  2,  If  any  person  or  persons,  corporation  or  cor- 
porations, shall  violate  the  preceding  section  of  this  act,  or 
shall  neglect  to  keep  in  good  repair  any  such  wall  as  shall 
have  been  built,  erected  or  placed  as  aforesaid,  he,  she  or 
they  so  offending  shall  forfeit  and  pay  to  and  for  the  use  of 
said  city  of  Providence  a  sum  not  less  than  five  hundred 
nor  more  than  ten  thousand  dollars,  to  be  recovered  by 
action  of  the  case,  in  the  name  of  the  city  treasurer  of  said 
city,  before  any  court  proper  to  try  the  same. 


HARBOR. 


215 


AN  ACT  IN  ADDITION  TO  "AN  ACT  RELATIVE  TO  THE      An*  gf  10^1 
HARBOR   AND    PUBLIC    WATERS    OF   THE    TOWN    OF 


PROVIDENCE." 


f  )ctober  -1 


Section 

1.  Buildings     over    the    public     waters 
above  Weybosset  bridge. 


Section 

2.  Powers  of  board  of  aldermen. 

3.  Repair  of  streets. 


Buildings  over  the 
pulilic  waters  above 
Weybosset  bridge. 


Penalty. 


Be  it  enacted  by  the  General  Assembly  as  folhnvs  : 

Section  1.  If  any  person  shall  erect  or  build,  or  cause 
to  be  erected  or  built,  any  wharf  or  buildings  upon  any  part 
of  the  cove  or  other  public  waters  above  Weybosset  bridge, 
in  the  city  of  Providence,  outside  of  the  present  high-water 
mark,  or  shall  place  or  cause  to  be  placed  in  said  cove  or 
other  public  waters,  any  other  obstruction  of  any  kind  what- 
soever, without  permission  first  granted  by  the  board-  of 
aldermen  of  said  city,  the  person  or  persons  so  offending 
shall  forfeit  and  pay  a  sum  of  money  not  less  than  fifty 
dollars  nor  more  than  one  thousand  dollars  ;  which  penalty 
may  be  sued  for  and  recovered  before  any  court  of  com- 
petent jurisdiction,  by  indictment,  or  by  an  action  of  debt, 
one-half  thereof  to  and  for  the  use  of  him  who  shall  inform 
or  sue  for  the  same  and  the  other  half  to  and  for  the  use  of 
the  state  ;  and  in  addition  to  said  penalty,  the  said  board  obstruction  may  be 
of  aldermen,  or  the  court  before  whom  such  indictment 
shall  be  preferred,  are  hereby  empowered  to  cause  such 
obstruction  to  be  removed  at  the  cost  of  the  person  or 
persons  who  shall  have  erected  or  placed  the  same,  or  who 
shall  have  caused  the  same  to  be  erected  or  placed. 

Sec.  2.  The  board  of  aldermen  of  said  city  are  hereby 
authorized  and  empowered  to  mark  out  and  direct,  or  per- 
mit to  be  built  or  erected,  any  wharves,  streets,  causeways, 
or  bridges  around,  across  or  through  said  cove  or  other  pub- 
lic waters  above  Weybosset  bridge,  that  they  may  think  the 
public  good  shall  require :  provided^  that  nothing  herein 
contained  shall  authorize  the  taking  of  land  above  high- 
water  mark  for  such  streets,  excepting  in  manner  as  is  by 
law  provided. 


Powers  of  board  of 
aldermen. 


216 


HARBOR. 


Repair  of  streets.  Sec.  3.     The  city  of  Providencc  shall  not  be  required  to 

keep  in  repair  any  street  directed  or  permitted  by  said  board 
of  aldermen  to  be  built,  until  the  same  shall  be  received  and 
declared  by  said  board  of  aldermen  to  be  a  public  highway 
to  be  repaired  at  the  expense  of  the  city. 


Act  Of  1845 

May  9. 


Railroad  depot. 


Rights  protected. 


AN  ACT  IN  ADDITION  TO  AN  ACT  ENTITLED  "AN  ACT 
RELATIVE  TO  THE  HARBOR  AND  PUBLIC  WATERS 
OF  THE  TOWN  OF  PROVIDENCE." 


Section 
1.  City  council  may  grant  to   railroad 
companies    the   right    to    build    a 
depot  over  public  waters. 


.Section 
2.  Rights  of  the  state  in  lands  not  ap- 
propriated,  and  of    private  prop- 
erty, protected. 


//  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.  The  city  council  of  the  city  of  Providence 
are  hereby  authorized  to  grant,  upon  such  terms  and  con- 
ditions as  they  may  deem  for  the  public  good,  to  any  rail- 
road company  whose  railroad  terminates  in  said  city,  the 
right  and  privilege  of  establishing  a  depot  upon  any  part  of 
the  land  covered  by  the  public  waters  in  said  city  above 
Weybosset  bridge  ;  and  of  constructing  such  wharves,  cause- 
ways, embankments,  and  bridges  as  may  be  necessary  and 
proper  to  contain  the  buildings  and  accommodations  required 
for  such  depot :  provided,  that  the  plans  of  all  wharves, 
causeways,  embankments,  bridges,  and  buildings,  proposed 
to  be  constructed  for  any  such  depot,  shall  be  specially 
approved  by  the  city  council  of  said  city  before  the  same 
shall  be  constructed. 

Sec.  2.  Nothing  in  this  act  shall  be  construed  to  sur- 
render or  impair  any  rights  which  belong  to  the  state  in  that 
part  of  said  land  covered  by  the  public  waters  which  said 
city  does  not  appropriate  to  the  use  of  such  railroad  com- 
pany ;  nor  to  authorize  the  taking  of  private  property  for 
the  use  of  any  railroad  company,  excepting  as  is  by  law 
provided. 


HARBOR. 


217 


AN  ACT  IN  ADDITION  TO  AN  ACT  ENTITLED  "AN  ACT     Jq|  Qf  1848 
RELATIVE    TO  THE    HARBOR    AND    PUBLIC  WATERS 
OF  THE  TOWN  OF  PROVIDENCE." 


May  4. 


Section 

1.  City  council   may  grant  to   railroad 

companies  the  right  to  lay  rails 
over  public  lands,  waters,  streets 
and  wharves. 

2.  City  council   may  regulate   by   ordi- 

nance  the   use   of  the  same  ;    and 


Section 

may  cause  rails  to  be  removed, 
if  its  orders  relative  thereto  be  not 
complied  with. 

3.  Rights   of  the   state,   and  of  private 

property,  protected. 

4,  Operative  clause. 


//  !s  enacted  by  the  General  Assembly  as  folhnvs  : 

Section  1.     The  city  council  of  the   city  of   Providence       city  council  may 

■  i.,-!,  .  1,  ,  grant  to  railroad  corn- 

are  hereby  authorized   to  grant,  upon  such  terms  and  con-   panies  a  right  to  lay 

ditions  as  they  may  deem  for  the  public  good,  to  any  rail-  [ands?«^aVrs,'^  s'treets 
road  company  whose  railroad  now  doth  or  hereafter  shall  ter- 
minate in  said  city,  the  right  and  privilege  of  laying  rails 
upon  and  over  the  public  lands  and  waters,  and  over  and 
along  the  public  highways  and  wharves,  in  said  city  (not 
crossing  the  harbor  nor  obstructing  the  passing  up  and  down 
the  same),  with  suitable  turn-outs  and  spur-tracks  on  the 
route ;  the  whole  to  be  located,  constructed,  and  used  in  all 
respects  as  said  city  council,  or  as  any  authorized  agent  or 
officer  appointed  by  said  city  council,  shall  from  time  to 
time  direct  or  approve. 

Sec.  2.  Said  city  council  are  hereby  empowered  to  en- 
act from  time  to  time,  ordinances  for  the  proper  and  con- 
venient use  of  the  rails,  public  lands,  waters,  highways  and 
wharves  aforesaid,  with  penalties  not  exceeding  those 
authorized  by  the  first  section  of  an  act  entitled  "An  act  to 
incorporate  the  city  of  Providence,"  which  penalties  shall 
be  enforced  and  collected  as  penalties  for  violation  of  ordi- 
nances of  said  city  are  or  may  be ;  and  if  any  railroad 
company  who  shall  be  authorized  under  this  act  to  lay  rails 
shall,  after  notice  served  upon  their  president,  treasurer  or 
superintendent  in  said  city,  persist  in  using  their  rails  in 
any  way  or  manner  contrary  to  any  order  which  said  city  removed 
council  or  their  authorized  agent  or  officer  shall  make,  said 
city  council  shall  have  authority  to  cause  such  rails  to 
be  removed. 

28 


City  council  may 
regulate  use  of  the 
same. 


City   council    may 
cause  the  rails  to  be 


218 


HARBOR. 


Rights  of  state  and 
of  private  property, 
protected. 


Operative  clause. 


Sec.  3.  Nothing  in  this  act  shall  be  construed  to  surren- 
der or  impair  any  rights  which  belong  to  the  state  in  any 
land  covered  by  the  above-mentioned  public  waters,  which 
said  city  does  not  appropriate  to  the  use  of  any  railroad 
company,  nor  to  authorize  the  taking  or  injuring  of  private 
property  for  the  use  of  any  railroad  company,  excepting  as 
is  by  law  provided. 

Sec.  4.  This  act  shall  go  into  efifect  immediately  after 
the  passage  thereof. 


Act  of  1859      ^'^  ^^^   ^^  AUTHORIZE   THE    CITY  COUNCIL  OF   THE 
CITY  OF  PROVIDENCE  TO  PASS  ORDINANCES  RELA- 


Marcli   11. 


TIVE  TO  THE  POWERS  AND  DUTIES  OF  THE  HARBOR 
MASTER  OF  THE  PORT  OF  PROVIDENCE. 


Ordinances  relative 
to  duties  and  salar\- 
of  the  liarbor  master. 


Act  repealed. 


Operative  clause. 


Section 
1.  City    council    may    pass   ordinances 
relative    to    duties   and    salary    of 
harbor  master. 


Section 

2.  Act  of  June  session  18.33  repealed. 

3.  Operative  clause. 


//  is  enacted  by  the  Ge7ieral  Assembly  as  follows  : 

Section.  1,  The  city  council  of  the  city  of  Providence 
are  hereby  authorized  to  pass  and  ordain  such  by-laws  and 
ordinances  relative  to  the  harbor  master  of  the  port  of 
Providence,  and  the  fees  to  be  by  him  collected  of  the 
owners  or  captains  of  the  several  vessels  arriving  at  or  sail- 
ing from  said  port,  and  the  manner  of  collecting  and  account- 
ing for  the  same,  and  relative  to  the  salary  or  compensation 
of  such  harbor  master,  as  said  city  council  may  deem 
expedient  :  provided,  such  by-laws  and  ordinances  are  not 
repugnant  to  the  laws  of  this  state,  or  of  the  United  States. 

Sec.  '1.  The  act  entitled  "An  act  to  authorize  the  town 
council  of  the  town  of  Providence  to  appoint  a  harbor 
master,"  passed  June,  a.  d.  1880,  is  hereby  repealed. 

Sec.  3.  This  act  shall  take  effect  from  and  after  its 
passage. 


HARBOR. 


219 


AN  ACT  ENTITLED  AN  ACT  TO  ALTER  AND  ESTABLISH      Apt  «♦   IfiRR 
A  HARBOR  LINE  ON  THE  WEST  SIDE  OF  THE  RIVER 
IN  THE  CITY  OF  PROVIDENCE. 


March  3. 


Section 
1.  Harbor  line  from  Dorrance  street  to 
Sassafras  Point. 


Section 
2.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.     The  city  council  of  the  city  of  Providence      Harbor  line  from 
shall  have  power  to  alter  and  establish  a  harbor  line  on  the   sa°Sras  Point?*   *° 
west  side  of  the   river  in   said   Providence,   running  from 
Dorrance  street  south  to  Sassafras  Point. 

Sec.  2.     This   act   shall   take  effect   immediately   on  its     Operative  clause. 
passage ;  and   all  acts  and   parts  of  acts   inconsistent  here- 
with are  hereby  repealed. 


AN  ACT  TO  ESTABLISH  A  HARBOR  LINE  IN  THE  HAR- 
BOR IN  THE  CITY  OF  PROVIDENCE  BETWEEN  FOX 
POINT  AND  THE  RAILROAD  BRIDGE  AT  INDIA  POINT. 


Chapter  557 

of  January  31, 1SG3. 


Section 

1.  Harbor  line  from  Fox  Point  to  India 

Point. 

2.  City  council  to  have  powers  of    the 

general   assembly   to   regulate   the 


Section 

construction  of  wharves  within  said 
harbor  line. 
3.  Penalties.      Obstructions   outside  of 
harbor  line. 


//  is  etiacted  by  the  General  Assembly  as  follows  : 

Section  1.  The  straight  lines  in  red  ink  connecting  Harbor  Hue  from 
points  A,  B,  C,  D,  E,  F,  G,  H,  I,  J,  K,  L,  M,  N,  O,  P,  Q,  '^Jf''^'  '^  '"^'^^ 
R,  S  and  T,  on  a  plan  showing  the  proposed  harbor  line 
from  Fox  Point  to  the  railroad  bridge  at  India  Point,  Provi- 
dence, May  28,  1864,  surveyed  and  platted  by  Gushing  and 
DeWitt,  and  now  recorded  in  the  city  clerk's  ofifice  in  the 
city  of  Providence,  in  book  of  plats  number  five,  page 
forty-seven,  are  hereby  established  as  the  harbor  lines  in 
the  harbor  of  said  city  of  Providence  between  said  Fox 
Point  and  said  railroad  bridge  at  India  Point. 

Sec.  2.     The  city  council  of  the  city  of   Providence  shall       city  council  has 

powers  of  the  general 

have  all  the  power  and  authority  now  possessed  by  the  gen-   assembly  within  har- 
bor line. 


220  HARBOR. 

eral  assembly  to  make  provisions,  terms  and  conditions  in 
relation  to  filling  the  land  and  the  building  and  extending  of 
wharves  to  said  harbor  lines,  in  relation  to  the  mode  and 
manner  of  constructing  said  wharves,  the  material  of  which 
the  same  shall  be  composed,  and  the  keeping  of  the  same  in 
repair,  in  relation  to  the  laying  out,  building  and  extending 
of  highways,  streets,  gangways  and  culverts  thereto,  and  gen- 
erally to  make  such  provisions  relative  to  the  filling  the  land, 
the  building  and  extending  of  wharves  to  said  harbor  lines, 
as  it  shall  deem  best  for  the  public  interest  and  convenience. 
Penalties.  Sec.  3.     If  any  person   shall   violate  any   of  the  provis- 

ions, terms  and  conditions   prescribed  by  said   city  council 
by  virtue  of  the  power  and   authority   given   by  this  act,  or 
shall  erect  or  create  any  obstruction  in  said  harbor  beyond 
said  harbor  lines,  he  shall   be  fined  not   less  than  one  hun- 
dred dollars  nor  more   than  ten  thousand  dollars,  to  be  re- 
covered by  indictment  before  the  supreme  court,  one  half  to 
and   for  the   use  of  the  city  of  Providence   and  the  other 
Obstructions   out-   half  to  and  for  the  use  of  the  state  ;  and  the  board  of  alder- 
may  be  removed  'by   men  of  Said  city  of  Providence  shall   be  authorized,  before 
Compare chJp^ lis,   OX  after  convlctiou,  to  remove  such   obstructions  at  the  ex- 

Sec.  12,  of  the  Gen-  r    ,  i  .  •  ^  •  - 1 

eral  Laws.  peuse  of  the  pcrson  erectmg  or  creating  the  same. 


Chapter  47G 


AN  ACT  IN   AMENDMENT  OF  "AN   ACT  TO   ESTABLISH 
of  April  10,1885.  ^  HARBOR    LINE  IN  THE    HARBOR    IN  THE    CITY  OF 

PROVIDENCE,  BETWEEN  FOX  POINT  AND  THE  RAIL- 
ROAD BRIDGE  AT  INDIA  POINT,"  PASSED  AT  THE 
JANUARY  SESSION,   A.  D.  1865. 


Section 

1.  Harbor  line  from  Fox  Point  to  India 
Point,  amended. 


Section 
2.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  follows  : 

Harbor  line  from  SECTION  1.  The  point  G  on  a  plan  showing  the  harbor 
Pofnt,  amended  ^  line  from  Fox  Point  to  the  railroad  bridge  at  India  Point, 
Providence,  May  28,  1864,  surveyed  and  platted  by  Gush- 
ing and  DeWitt,  and  recorded  in  the  city  clerk's  office  in 
the  city  of  Providence,  in  book  of  plats  number  five,  page 
forty-seven,  is   hereby  established  on   the  boundary  line  be- 


HARBOR. 


221 


tweeii  adjoining  owners  at  a  distance  of  two  hundred  and 
twelve  feet,  measuring  on  said  boundary  line,  from  the  side 
line  of  India  street ;  and  the  straight  lines  in  red  ink  con- 
necting point  F  with  the  point  G  in  the  location  herein  de- 
fined, and  said  point  G  with  point  H,  shall  be  the  harbor 
line  between  said  points  F  and  H, 

Sec.  2.     This    act  shall    take  effect  from    and    after  its 
passage. 


Operative  clause. 


of  May  30,  180i>, 


AN  ACT   IN   AMENDMENT  OF  "AN  ACT  TO  ESTABLISH     Q|]gntgf  914 
A. HARBOR  LINE    IN    THE    HARBOR  IN  THE    CITY  OF 
PROVIDENCE  BETWEEN    FOX  POINT  AND   THE  RAIL- 
ROAD   BRIDGE    AT    INDIA    POINT,"  PASSED    AT   THE 
JANUARY  SESSION,  A.  D.   1865. 


Section 

1.  Harbor  line  from  Fox  Point  to  India 
Point,  amended. 


Section 
2.  Operative  clause. 


//  /s  enacted  by  the  General  Assembly  as  follows : 

Section   L     The  harbor  line  defined   on  a  plan  showing      Harbor  line  from 

111  1-  r  -I-.  -r->-  1  -1  i.-i  Fox   Point   to   India 

the  harbor  line  from  Fox  Point  to  the  railroad  bridge  at  Point,  amended. 
India  Point,  Providence,  May  28,  18(34,  surveyed  and  platted 
by  Cushing  and  DeWitt,  and  recorded  in  the  city  clerk's 
office  in  the  city  of  Providence,  in  book  of  plats  number  five, 
page  forty-seven,  is  hereby  altered  for  a  part  of  the  distance 
between  the  points  marked  L  and  N  on  said  plat,  and  is  here- 
by established  as  follows  :  Beginning  at  the  point  marked  L 
on  said  plat,  and  thence  deflecting  southerly  from  the  di- 
rection of  the  line  L  M  at  an  angle  of  5°  02'  26",  and  run- 
ning easterly  a  distance  of  166.45  feet  in  a  straight  line  to 
its  intersection  with  the  line  M  N  on  said  plat  at  a  point 
44.69  feet  easterly  from  the  point  M  on  said  plat. 

Sec.  2.     This   act   shall  take  effect  from    and   after    its      Operative  clause. 
passage. 


222 

Chapter  1096 

of  March  16,  1892. 


HARBOR. 

AN  ACT  IN  AMENDMENT  OF  CHAPTER  557  OF  THE 
PUBLIC  LAWS,  PASSED  JANUARY  31,  1865,  ENTITLED 
"AN  ACT  TO  ESTABLISH  A  HARBOR  LINE  IN  THE 
HARBOR  IN  THE  CITY  OF  PROVIDENCE,  BETWEEN 
FOX  POINT  AND  THE  RAILROAD  BRIDGE  AT  INDIA 
POINT,"  AND  OF  CHAPTER  476  OF  THE  PUBLIC  LAWS, 
PASSED  APRIL  10,  1885,  AND  OF  CHAPTER  914  OF  THE 
PUBLIC  LAWS,  PASSED  MAY  30,  1890,  BOTH  IN  AMEND- 
MENT OF  SAID  CHAPTER  557- 


Section 
1.  Harbor  line  from  Fox  Point  to  India 
Point,  amended. 


Section 
2.     Operative  clause. 


It  is  enacted  by  the  General  Assembly  as  foUotus  ; 
Harbor  line  from        Secxion  1.     The  harbor   line  defined  on   a  plan  showing 

Fox  Point  to    India       ,        ,        ,  ,.  r  t-.  t»    ■  i  -i  i    i      •  i 

Point,  amended.  the  harbor  line  from  Fox  Point  to  the  railroad  bridge  at 
India  Point,  Providence,  May  28,  1864,  surveyed  and 
platted  by  Gushing  and  DeWitt,  and  recorded  in  the 
city  clerk's  office  in  the  city  of  Providence,  in  book  of  plats 
number  five,  page  forty-seven,  is  hereby  altered  for  a 
part  of  the  distance  so  as  to  conform  to  the  following 
description,  and  is  hereby  established  as  follows,  to 
Description.  wit :  "  Beginning  at  a  point  marked  '  S  '  on  the  accom- 
panying plan,  which  said  point  is  in  latitude  north  8432.034 
feet,  longitude  west  1642.231  feet,  thence  running  north- 
erly and  easterly  737.77  feet  to  a  point  marked  '  K,'  which 
said  point  is  in  latitude  north  8923.867  feet,  longitude 
west  1092.313  feet,  thence  running  northerly  and  easterly 
217.54  feet  to  a  point  marked  '  L,'  which  said  point  is  in 
latitude  north  9004.809  feet,  longitude  west  890.397  feet, 
thence  northerly  and  easterly  166.45  feet  to  a  point  marked 
'T,' which  said  point  is  in  latitude  north  9035.096  feet, 
longitude  west  726.733  feet."  In  the  above  description  the 
latitudes  are  given  in  feet  and  decimals,  northerly  from  a 
line  at  right  angles  to  the  meridian  of  the  U.  S.  Coast  Sur- 
vey Station  at  Fort  Independence;  and  the  longitudes  are 
given  in  feet  and  decimals  westerly  from  the  meridian  of 
the  U.  S.  Coast  Survey  Station  at  Fort  Independence.     The 


HARBOR. 


223 


courses  given  are  from   lines    parallel  with  said  meridian  of 
the  U.  S.  Coast  Survey  Station  at  Fort  Independence. 

Sec.  2.     This   act    shall    take  effect   immediately   on  its      Operative  clause. 
passage. 


AN  ACT  IN  AMENDMENT  OF  AN  ACT,  ENTITLED  "AN 
ACT  TO  ESTABLISH  A  HARBOR  LINE  IN  THE  HAR- 
BOR, IN  THE  CITY  OF  PROVIDENCE,  BETWEEN  FOX 
POINT  AND  THE  RAILROAD  BRIDGE  AT  INDIA 
POINT,"  PASSED  JANUARY  31,  1865,  AND  OF  THE 
SEVERAL  ACTS  IN  AMENDMENT  THEREOF  OR  IN 
ADDITION  THERETO. 


Chapter  424 

of  October  '2,  1896. 


Section 

I.  Harbor  line  from  Fox  Point  to  India 
Point,  amended. 


Section 
2,  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  foUoivs  : 

Section  I.     The  harbor  line  defined  on  a  plan  showing      Harbor  Hue  from 

111  ,•  r  T-T->-  ,  •,  ,,.,  Fox   Point  to    India 

the  harbor  line  from  Fox  Point  to  the  railroad  bridge  at  Point,  amended. 
India  Point,  Providence,  May  28,  1864,  surveyed  and  plat- 
ted by  Gushing  and  DeWitt,  and  recorded  in  the  city  clerk's 
office  in  the  city  of  Providence,  in  book  of  plats  num- 
ber five,  page  forty-seven,  and  subsequently  altered  by 
Chapter  914  of  the  public  laws,  is  hereby  altered,  defined 
and  established  as  follows,  to  wit :  Beginning  at  the  point  Description. 
marked  "K"  on  said  plat  and  deflecting  4^  55'  20"  south- 
erly from  the  old  line  "  K-L"  on  said  plat,  and  running  on 
a  course  N.  73°  4'  40"  E.  a  distance  of  382.15  feet  to  an 
intersection  with  the  line  between  the  points  marked  "  M '' 
and  "  N  "  on  said  plat,  at  a  point  44.69  feet  easterly  from 
the  point  marked  "  M  "  on  said  plat. 

Sec.  2.     This   act   shall  take   effect   from    and   after    its      Op.-rative  clause. 
passage. 


224 


HARBOR. 


Chapter  9971 

of  May  29,  1891. 


Retaining  wall  from 
Hill's  wharf  to  Sas- 
safras Point. 


.Sinking  fund. 


Exclusive  use  of 
money. 


Operative  clause. 


AN  ACT  AUTHORIZING  THE  CITY  OF  PROVIDENCE  TO 
BORROW  ONE  HUNDRED  AND  FIFTY  THOUSAND  DOL- 
LARS, FOR  THE  PURPOSE  OF  BUILDING  A  RETAINING 
WALL  FROM  HILL'S  WHARF   TO    SASSAFRAS  POINT. 


Section 

1.  City  may  hire  $150,000  for  retaining 
wall  from  Hill's  wharf  to  Sassafras 
Pomt. 


Section 

2.  Sinking  fund  therefor. 

3.  Exclusive  use  of  money. 

4.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  folloivs : 

Section  1.  The  city  of  Providence  is  authorized  to 
borrow  the  sum  of  one  hundred  and  fifty  thousand  dollars, 
and  to  issue  its  notes  and  bonds,  or  either,  for  the  same, 
payable  in  gold  coin  of  the  United  States,  or  in  currency, 
for  such  time  and  in  such  amounts  as  the  city  council 
thereof  shall  determine. 

Sec.  '1.  The  city  council  of  said  city  shall  annually 
appropriate,  until  said  notes  and  bonds  are  paid  in  full, 
besides  a  sufficient  sum  to  pay  the  interest  thereon,  a  sum 
to  be  placed  in  a  sinking  fund,  sufficient  for  the  redemption 
of  said  notes  and  bonds  when  due. 

Sec.  o.  All  moneys  raised  by  the  provisions  of  this  act 
shall  be  exclusively  used  and  expended  upon  the  construc- 
tion or  building  of  a  retaining  wall  in  Providence  river, 
from  Hill's  wharf  to  Sassafras  Point,  in  the  city  of  Provi- 
dence. 

Sec.  4.     This  act  shall  take  effect  on  its  passage. 


Chapter  689 

of  May  20,  1S99. 


City  of  Providence 
authorized  to  issue 
$4.00,000  of  bonds. 


AN  ACT  IN  AMENDMENT  OF  AN  ACT  ENTITLED  "AN 
ACT  AUTHORIZING  THE  CITY  OF  PROVIDENCE  TO 
BORROW  ONE  HUNDRED  AND  FIFTY  THOUSAND  DOL- 
LARS, FOR  THE  PURPOSE  OF  BUILDING  A  RETAINING 
WALL  FROM  HILL'S  WHARF  TO  SASSAFRAS  POINT," 
PASSED   AT   THE  MAY  SESSION,  A.  D.  1891. 


Section 

1.  City  may  borrow  $450,000. 

2.  Improvement  of  the  harbor. 


Section 
o.  Operative  clause. 


It  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.     Section  one  of  said  act   is  hereby  amended 
so  as  to  read  as  follows  : 


HARBOR. 


225 


"  Section  1.  The  city  of  Providence  is  hereby  author- 
ized to  borrow  the  sum  of  four  hundred  and  fifty  thousand 
dollars,  and  to  issue  its  notes  and  bonds,  or  either,  for  the 
same,  payable  in  gold  coin  of  the  United  States  or  in  cur- 
rency, for  such  time  and  in  such  amounts  as  the  city  coun- 
cil shall  determine." 

Sec.  '2.  Section  three  of  said  act  is  hereby  amended  so 
as  to  read  as  follows  : 

"  Sec.  o.     All  moneys  raised  by  the  provisions  of  this  act      Proceeds  of  sale  of 

1        •       1  111-1  •  bonds  to  be  applied 

shall  be  exclusively  used  and  expended   for  the  general  im-  exclusively  to  the im- 

r    T-.  •  1  •        1      1  •  r    piovement  of    Provi- 

provement  of  Providence  harbor,  including  the  purchase  of  dence  harbor. 
land,  the  rights  thereto  appertaining",  the  construction  of  a 
retaining  wall,  the  building  of  docks,  as  well  as  the  neces- 
sary dredging  and  filling  in  therefor,  in  accordance  with 
plans  to  be  approved  by  the  city  council  of  said  city  of 
Providence." 

Sec.  o.     This   act  shall  take   effect    from   and  after    its      Operative  clause, 
passage. 


AN     ACT     RELATIVE     TO     THE      DORRANCE     STREET     QhaOtfir  480 
WHARF,     SO     CALLED,     IN     THE      CITY     OF     PROVI-        „f  j^,^  4  igc,^ 
DENCE. 


Section 

1.   Dorrance  street  wharf. 


Section 
2.  Operative  clause. 


//  is  enacted  by  the  General  Assetnbly  as  folloivs  : 

Section  1.  The  structure  now  existing  at  the  end  of  the 
Dorrance  street  wharf  in  the  city  of  Providence,  and  east 
of  the  harbor  line  established  by  public  laws  of  Rhode 
Island,  Chapter  771,  of  April  11,  1879,  shall  not  be  subject 
to  removal  under  Section  14  of  Chapter  118  of  the  General 
Laws  of  Rhode  Island,  so  long  as  it  does  not  need  repair 
or  rebuilding,  but  when  rebuilt  or  repaired  it  shall  be  so 
changed  as  to  lie  westerly  of  the  said  harbor  line,  and  be 
subject  to  all  the  laws  regulating  the  construction  of 
wharves. 

Sec.  "1.  This  act  shall  take  effect  from  and  after  its 
passage. 

29 


Dorrance  street 
wharf. 


Operative  clause. 


226 


HARBOR. 


Art  nf  IX'iB    "^^  ^^^  ^^   relation  to  port  wardens  in  the 

CITY  OF  providence. 


May  Session. 


Section 

1.  City   council    to   elect   at  least  three 

port  wardens  ;  to  be  engaged  by  the 
mayor. 

2.  Duties   of    port   wardens  to   go    on 

board  any  vessel  and  examine 
the  condition  and  stowage  of 
cargo ;  if  goods  are  damaged, 
shall  examine  and  make  a  record 
of  the  same. 

3.  To  examine  any  goods  said  to    have 

been  damaged  on  board  of  any 
vessel,  and  make  record  as  afore- 
said. 


Section 

4.  To   keep  a  true   record     of  all    their 

acts,  in  a  book  which  shall  at  all 
times  be  open  to  inspection. 

5.  To    furnish    certificates     of     record, 

signed  by  warden  making  survey  ; 
such  certificates  to  be  received  in 
evidence. 
G.  Fees  of  port  wardens. 

7.  No   survey   on    board    vessel    to    be 

valid,  unless  made  by  a  warden 
appointed  underthisact.  Expense 
of  survey  to  be  paid  by  owner, 
master  or  consignee. 

8.  Inconsistent  acts  repealed. 


City  council    may 
electjport  wardens. 


Duties  of. 


//  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.  The  city  council  of  the  city  of  Providence 
are  hereby  authorized  to  elect,  annually,  as  many  port 
wardens  for  said  city  as  they  may  deem  expedient,  not  less 
than  three,  who  shall  hold  their  offices  for  one  year  or  until 
others  are  elected  in  their  places.  The  said  port  warden 
or  port  wardens  shall  be  sworn  or  affirmed  by  the  mayor  of 
said  city  to  the  faithful  discharge  of  their  duties. 

Sec.  2.  It  shall  be  the  duty  of  said  port  wardens,  or 
either  of  them,  when  notified- or  requested,  to  proceed  in 
person  on  board  any  vessel  for  the  purpose  of  examining 
the  condition  and  stowage  of  the  cargo  thereof,  and  if  there 
be  any  goods  damaged  on  board  said  vessel  it  shall  be  the 
duty  of  said  warden  or  wardens  to  examine  the  said  goods 
in  the  place  where  the  same  have  been  stowed  during  the 
voyage,  and  not  elsewhere,  and  it  shall  be  the  duty  of  said 
warden  or  wardens  then  and  there  to  make  a  memorandum 
in  writing,  stating  the  particular  marks  and  numbers  (if 
marked  and  numbered),  of  each  package  or  lot  of  goods  so 
damaged,  and  the  cause  of  damage  as  to  him  or  them  may 
appear  evident ;  it  shall  also  be  the  duty  of  said  warden  or 
wardens  to  specify  the  manner  in  which  said  damaged  goods 
or  packages  were  found  to  be  stowed,  and  to  report  the 
reason  why  said  goods  or  packages  were  not  properly  stowed. 


HARBOR.  227 

all  of  which  shall  be  recorded  by  them  in  a  book  to  be  kept 
for  that  purpose. 

Sec.  3.  The  said  port  warden  or  wardens,  when  notified  To  examine  damaged 
or  requested,  shall  proceed  in  person  to  any  warehouse, 
store  or  dwelling,  or  in  the  public  streets,  or  on  the  wharf, 
and  examine  any  merchandise,  vessels  or  materials,  or  other 
property  said  to  have  been  damaged  on  board  of  any  ves- 
sel, and  after  such  examination  it  shall  be  the  duty  of  said 
warden  or  wardens  to  record  a  full  and  complete  statement 
of  the  survey  held,  in  their  book  aforesaid,  specifying  each 
article  or  package  by  marks  and  numbers  (if  marked  and 
numbered),  and  the  cause  of  damage,  if  any  there  be,  to 
the  best  of  their  knowledge  and  belief. 

Sec.  4.      It  shall  be  the  duty  of  the  said  port  warden  or   xokeep  a  record  of 
wardens  to  keep  a  true  and  faithful  record  of  all  their  acts,  '  eiracts. 

proceedings,  surveys  and  reports  in  a  book  or  books  to  be 
kept  by  them  for  that  purpose,  and  said  book  or  books 
shall  be  at  all  times  open  to  the  inspection  of  any  person  or 
persons  interested  therein. 

Sec.  •">.  It  shall  be  the  duty  of  the  said  port  wardens,  or  to  fumish  certifi- 
either  of  them,  when  so  requested,  to  furnish  a  certiticate  of  que^st!  "^^"^'"^  '  °°  ^^' 
any  record  in  the  book  or  books  aforesaid  to  any  person  or 
persons  interested  therein,  upon  their  paying  to  said  warden 
or  wardens  the  regular  fee  for  said  certificate,  and  such  cer- 
tificate shall  be  a  true  and  exact  copy  of  the  record,  word 
for  word,  as  it  stands  recorded,  neither  anything  added  nor 
diminished,  and  in  no  case  shall  a  certificate  be  given  of 
anything  which  is  not  of  previous  record  in  said  books. 
All  certificates  issued  under  this  act  shall  be  signed  by  the 
warden  making  the  surve}',  and  in  case  of  a  certificate  given 
of  matters  of  record   bv   either  of  said   wardens  who  shall      Certificates  shall  be 

received  as  evidence. 

make  said  survey,  and  all  certificates  given  under  this  act, 
shall  be  received  as  evidence  in  any  court  in  this  state. 

Sec.  (i.  The  said  port  wardens  shall  be  allowed  for  each  pgg^  ^f  port 
and  every  survey  held  by  them,  or  either  of  them,  on  board 
of  any  vessel  on  hatches,  stowage  of  cargo  or  damaged 
goods,  or  at  any  warehouse,  store  or  dwelling,  or  in  the  pub- 
lic street,  or  on  the  wharf,  within  the  limits  of  the  port  of 
Providence,  the  sum  of  two  dollars  and   fifty  cents,  and  for 


wardens. 


228  HARBOR. 

each  and  every  certificate  given  in  consequence  thereof  the 
sum  of  one  dollar  :  provided^  that  the  amount  of  fees  on  any 
single  vessel,  exclusive  of  certificates,  shall  in  no  case  ex- 
ceed the  sum  of  five  dollars  for  each  warden,  notwithstand- 
ing more  than  two  visits  may  be  necessary  to  the  same 
vessel. 

No  survey  to  be        Sec.  7.     No  survey  held  on  board  of  any  vessel,  as  pro- 
valid,  unless  made  by  . 

a  warden.  vided  in  the  second  section  of  this  act,  shall  be  valid  unless 

made  by  a  port  warden  or  wardens  appointed  under  this 
act,  and  the  expense  of  said  survey  shall  be  paid  by  the 
owner,  master  or  consignee  of  said  vessel ;  and  in  case  of 
neglect  or  refusal  to  pay  the  same,  after  the  same  shall 
have  been  demanded,  said  expense  may  be  recovered  of  the 
owner,  master  or  consignee  of  said  vessel  by  said  port 
warden  or  port  wardens,  before  any  court  of  competent 
jurisdiction  within  this  state, 
ineonsistent  acts  Sec.  8.     All  acts  and  parts  of  acts  inconsistent  with  the 

repealed. 

provisions  of  this  act  are  hereby  repealed. 


HEALTH. 


229 


AN    ACT    IN    AMENDMENT    OF^    AND    IN    ADDITION   TO     QliaDtBr  281 

TITLE  XIV,  CHAPTER  T-l,  OF  THE  REVISED  STATUTES, 
"OF  REGULATIONS  FOR  THE  PREVENTION  OF  IN- 
FECTIOUS AND  CONTAGIOUS  DISEASES.*' 


of  .March  .".,  1*58. 


Section 

1.  Unwholesome    provisions   forbidden 

to  be  exposed  for  sale  ;  rules  for 
seizure  and  destruction  of  same. 

2.  Penalty  for  such  exposure  for  sale. 

3.  Board   of    aldermen    may   order    re- 

moval of  filth,  when  dangerous  to 
health. 

4.  Penalty'  for  neglect  to  obey  such  or- 

der. Duties  of  superintendent  of 
health  and  of  city  treasurer,  if 
order  is  not  obeyed. 

5.  Superintendent   of  health  may   issue 

like  order  in  case  of    infectious  or 


Section 

contagious  disease,  Duties  of  sup- 
erintendent of  health  and  of  city 
treasurer,  if  order  is  not  obej-ed. 

0.  Board  of  aldermen  may  order  un- 
healthful  vessel  or  hulk  to  be  re- 
moved and  cleansed. 

T.  Penalty  for  neglect  to  obey  such  or- 
der. Duties  of  superintendent  of 
health  and  of  city  treasurer,  if  order 
is  not  obeyed. 

S.  Orders  herein  provided  for,  by  whom 
to  be  served. 

9.  Provision  as  to  repeal  of  statutes. 


//  is  enacted  by  tJie  Giiicral  Assembly  as  follows 


Section  1.     If  any  vegetable  or  fruit  which  shall  be  de-      unwholesome  pro- 
cayed,  or  any  decayed,  diseased  or  unwholesome  meat,  fish   be 'exposed  for^saie*; 

.1  •    •  1      n   1        *       ii  *  f  seizure   and   destruc- 

or  other  provisions,  shall  be  in  the  possession  oi  any  person,   tionof  same. 

or  shall  be  sold   or  offered   or  exposed   for   sale,  within  the 

city  of  Providence,  the   same   shall    be  forfeited  ;  and    the 

board  of  aldermen  are  authorized   and  empowered  to  make 

all  rules    and    regulations    for  the   immediate    seizure    and 

destruction  of  the  same,  by  such  officer  as  they  may  appoint 

for  that  purpose. 

Sec.  2,     Any   person   knowingly  and    wilfully   selling  or   Penalty  for  such  ex- 

cc      ■  ■  r  1  -i-i  •  rii-i  posure  for  sale. 

oirering  or  exposing  for  sale,  within  the  city  of  Providence, 
any  of  the  articles  declared  to  be  forfeited  by  the  preceding 
section,  shall  also  forfeit  and  pay  a  penalty  of  not  less  than 
ten  nor    more   than    twenty  dollars   for    each   offence,  to  be 


230 


HEALTH. 


Board  of  aldermen 
may  order  removal 
of  filth,  when  dan- 
gerous to  health. 


Penalty  for  neglect  to 
obey  such  order. 


Duties  of  superin- 
tendent of  health  if 
order  is  not  obeyed. 


Duties  in  case  ot 
infectious  or  of  con- 
tagious diseases. 


recovered  to  and  for  the  use  of  the  city,  by  complaint  and 
warrant  before  the  poHce  court  of  said  city. 

Sec.  o.  Whenever  there  shall  exist  in  or  upon  any  build- 
ing or  premises  within  the  city  of  Providence,  owned  or 
occupied  by  any  person,  any  dirt,  offal,  animal  or  vegetable 
matter,  or  other  filth,  which  in  the  opinion  of  the  superin- 
tendent of  health  is  dangerous  to  the  health  of  the  occu- 
pants or  to  the  public  health,  it  shall  be  lawful  for  the  board 
of  aldermen  of  said  city  to  issue  an  order  in  writing,  di- 
rected to  the  owner  or  occupant  of  such  building  or  prem- 
ises, directing  him  to  remove  such  dirt  or  filth  immediately, 
and  to  cleanse  such  building  or  premises,  by  the  use  of 
whitewash  or  other  disinfectants,  in  such  manner  as  in  said 
order  shall  be  prescribed. 

Sec.  4.  In  case  the  owner  or  occupant  to  whom  such 
order  shall  be  directed  shall  neglect  or  refuse  to  comply 
therewith  within  twenty-four  hours  after  the  service  thereof 
upon  him,  such  owner  or  occupant  shall  forfeit  and  pay,  to 
and  for  the  use  of  the  city,  a  penalty  of  not  less  than  five 
nor  more  than  twenty  dollars  for  each  subsequent  twenty- 
four  hours  during  which  he  shall  neglect  or  refuse  to  comply 
therewith,  to  be  recovered  by  complaint  and  warrant  before 
the  police  court  of  said  city  ;  and  the  superintendent  of 
health  is  hereby  authorized  to  go  on  and  remove  such  dirt, 
offal,  animal  or  vegetable  matter,  or  other  filth,  and  to  cleanse 
such  building  or  premises  in  the  manner  prescribed  in  the 
said  order  ;  and  the  city  treasurer  shall  pay  the  expense  of 
such  removal  and  cleansing,  and  the  owner  and  occupant  of 
such  building  or  premises  shall  be  severally  liable  for  the 
same,  which  shall  be  collected  from  such  owner  or  occupant, 
by  suit,  in  the  name  of  the  city  treasurer  and  for  the  use  of 
the  city  of  Providence,  before  any  court  of  competent  juris- 
diction. 

Sec.  5.  Whenever  a  case  of  infectious  or  contagious  dis- 
ease exists  in  any  tenement,  cellar,  or  building  used  as  a 
dwelling-place  within  the  city  of  Providence,  and  any  dirt, 
offal,  animal,  or  vegetable  matter,  or  other  filth  exists  thereon, 
which  in  the  opinion  of  the  superintendent  of  health  is 
prejudicial  to  the    health  of  the  inmates   or   to   the  public 


HEALTH. 


231 


health,  the  superintendent  of  health  is  hereby  authorized  to 

issue  the  order  provided  for  in  section  three  of  this  act,  and, 

in  case  of  refusal  or   neglect  on  the   part  of  the  owner  or 

occupant   to    remove  such  filth  and    cleanse    such  premises 

within  twelve  hours  after  the  service  upon  him  of  such  order, 

to  go  on  and  remove   the  same,  and   cleanse  and  disinfect 

such  premises,^  in    such  manner   as  he  shall  deem  proper; 

and   the  city  treasurer  shall   pay  the   expense  of    the  same, 

and    the   owner   and   occupant  of  such    premises  shall    be 

severally  liable  therefor,  and  the  same  shall  be  recoverable  Penalties. 

from   such    owner  or  occupant  by  an  action  in  the   name  of 

the  city  treasurer,  to  the  use  of  the  city  of  Providence,  before 

any  court  of  competent  jurisdiction. 

Sec.  6.     Whenever,  in  the  opinion  of  the  superintendent   Unheaithfui  vessel  or 

.    ,        ,   ,        ,  r  1  1      11      ■  h"lk  to  be  removed. 

of  health,  the  presence  of  any  vessel  or  hulk,  m  any  par- 
ticular locality  within  the  city  of  Providence,  whether  the 
same  be  used  for  navigation  or  otherwise,  shall  be  prejudicial 
to  the  public  health,  it  shall  be  lawful  for  the  board  of  alder- 
men to  issue  an  order  in  writing,  directed  to  the  owner, 
master,  or  occupant  of  such  vessel  or  hulk,  ordering  him  to 
remove  the  same  immediately  to  such  place  as  shall  be 
designated  in  the  said  order,  and  to  cleanse  such  vessel  or 
hulk  in  such  manner  as  shall  be  in  such  order  prescribed. 

Sec.  7.     In  case   the  owner,  master,  or  occupant  of  such  Penalty, 

vessel  or  hulk,  shall  neglect  or  refuse  to  remove  and  cleanse 
the  same  within  twenty-four  hours  after  such  order  shall  have 
been  served  upon  him,  such  owner,  master,  or  occupant 
shall  forfeit  and  pay,  to  and  for  the  use  of  the  city,  a  penalty 
of  not  less  than  ten  nor  more  than  twenty  dollars  for  each 
subsequent  twenty-four  hours  during  which  he  shall  neglect 
or  refuse  so  to  comply  therewith,  and  the  superintendent  of 
health  is  hereby  authorized  to  remove  and  cleanse  the  same  ; 
and  the  expense  of  such  removal  and  cleansing  shall  be  paid 
by  the  city  treasurer,  and  shall  be  recovered  from  the  owner, 
master,  or  occupant  of  such  vessel  or  hulk,  by  suit  in  the 
name  of  the  city  treasurer,  to  the  use  of  the  city  of  Provi- 
dence, before  any  court  of  competent  jurisdiction,  and  the 
amount  of  any  judgment  so  recovered  shall  be  a  lien  upon 
such  vessel  or  hulk  until  paid. 


232 


HEALTH. 


Orders,  by  whom  to 
be  served. 


Provisions  as  to  tlie 
repeal  of  statutes. 


Sec.  8.  The  city  sergeant  of  the  city  of  Providence,  or 
either  of  the  police  constables  of  said  city,  is  hereby  author- 
ized to  make  service  of  the  orders  provided  for  in  sections 
three,  five,  and  six  of  this  act,  and  to  make  return  of  such 
service,  in  writing,  to  the  authority  which  may  have  issued 
the  same. 

Sec.  9.  No  act  or  part  of  an  act,  the  provisions  of  which 
are  not  inconsistent  with  the  provisions  of  this  act,  shall  be 
repealed  hereby,  but  the  same  shall  be  and  remain  in  full 
force  and  vigor  ;  but  any  act  or  part  of  an  act  inconsistent 
herewith  is  hereby  repealed.  ^ 


Chapter  616 

of  March  30,  1877. 


Ch.  580  referred  to 
was  repealed  by  Ch. 
495.  See  16th  R.  I., 
p.  196. 


AN  ACT  IN  AMENDMENT  OF  AND  IN  ADDITION  TO 
CHAPTER  580  OF  THE  STATUTES,  PASSED  JANUARY 
1865,  ENTITLED  "AN  ACT  IN  AMENDMENT  OF  AND 
IN  ADDITION  TO  CHAPTER  74  OF  THE  REVISED  STAT- 
UTES, 'OF  REGULATIONS  FOR  THE  PREVENTION  OF 
INFECTIOUS  AND  CONTAGIOUS  DISEASES.'" 


Section 

1.  Board  of  aldermen  may  make  regu- 
lations relative  to  removal  of  swill 
and  house  offal. 


3ECTION 

2.  Inconsistent  acts  repealed. 

3.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  foUoius  : 


Section  1. 


Section  one   of  said  chapter   580  is  hereby 

'And  also 


Board  of  aldermen 
may  make  regulations  .  . 

relative  to  removal  of   amended  by  adding  thereto  the  following  words  : 

swill  and  house  offal.  . 

to  make  all  such  rules  and  regulations  as  they  shall  deem 
necessary  with  reference  to  the  collection  and  removal  of 
swill  and  house  offal  in  the  city  of  Providence,  and  to  the 
person  or  persons  who  shall  collect  and  remove  the  same, 
being  empowered  and  authorized  under  such  rules  and  regu- 
lations to  designate  and  appoint  such  person  or  persons  to 
collect  and  remove  the  same  as  they  shall  see  fit." 

Sec.  2.  All  acts  and  parts  of  acts  inconsistent  herewith 
are  hereby  repealed. 

Sec.  3.  This  act  shall  take  effect  from  and  after  its  pass- 
age. 


Inconsistent  acts 
repealed. 

Operative  clause. 


HEALTH. 


233 


AX  ACT  IN  AMENDMENT  OF  CHAPTER  598  OF  THE  PUB- 
LIC LAWS  ENTITLED  "AN  ACT  TO  REVISE,  CON- 
SOLIDATE AND  AMEND  THE  ACT  ENTITLED  'AN  ACT 
TO  INCORPORATE  THE  CITY  OF  PROVIDENCE,'  AND 
THE  SEVERAL  ACTS  IN  ADDITION  THERETO  AND  IN 
AMENDMENT  THEREOF." 


Section 
1.  Superintendent    of    health   shall    be 
elected  for  term  of  three  years. 


Section 

2.  City  council  may  fill  vacancy. 

3.  Operative  clause. 


Chapter  780 

of  April  26,  1889. 


//  is  enacted  by  the  General  Assembly  as  folloivs  : 

Section  1.  The  city  council  of  the  city  of  Providence  Superintendent  of 
on  the  first  Monday  in  January,  A.  D.,  1890,  and  upon  the  fo^r^tin-ee^ars?  ^*^  "^ 
organization  of  the  city  government  in  every  third  year 
thereafter,  in  joint  convention  thereat,  shall  elect  a  super- 
intendent of  health  for  said  city,  who  shall  hold  his  office 
for  the  term  of  three  years  thereafter,  and  until  another  is 
elected  and  qualified  to  act  in  his  place. 

Sec.  '1.     The  city  council  of  said  city  may  fill  any  vacancy     city  council  to  fill 
that  shall  occur  in  said  office  by  resignation,  death  or  other-  vacancy. 

wise. 

Sec.  o.     This   act   shall    take   efiiect   from   and   after   its      operative  clause. 
passage;   and  all   acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 


AN  ACT  PROVIDING  FOR  THE  APPOINTMENT  OF  CER-    Qhgnfgf   1002 
TAIN  OFFICERS  IN  THE  CITY  OF  PROVIDENCE. 


of   May  31,  1872. 


Section 
1.  City  council    may    appoint    deputy 
superintendent  of  health,  /•7-o  tem- 
pore. 


Section 

2.  Board    of     aldermen     may     appoint 

deputy  city  registrar,  pro  tempore. 

3.  Operative  clause. 


It  is  enacted  by  the  General  Assembly  as  folloias  : 

Section  1.     In  case  of  the  absence  or  disability  of  the      city  council  may 

.  .  appoint  deputvsuper- 

superintendent  of  health  of  the  city  of   Providence,  the  city    intendent  of  health, 

•  1  •  1  •  1  r    I         1   1  1         1'''°  tempore. 

council  may  appoint  a  deputy  superintendent  of  health,  who 
shall  hold  his  office  and  perform  the  duties  of  said  superin- 
tendent so  long  as  such  absence  or  disability  shall  continue. 
30 


234 


HEALTH. 


Board  of  aldermen 
may  appoint  deputy 
city  registrar,  pro 
tempore. 


Operative  clause. 


Sec.  2.  In  case  of  the  absence  or  disability  of  the  city 
registrar  of  the  city  of  Providence,  the  board  of  aldermen 
may  appoint  a  deputy  city  registrar,  who  shall  hold  his  office 
and  perform  all  the  duties  of  said  city  registrar  so  long  as 
such  absence  or  disability  shall  continue. 

Sec.  3.  This  act  shall  take  effect  from  and  after  its 
passage. 


Act    of    1  833    ^^  ^^^  AUTHORIZING  THE  CITY  OF  PROVIDENCE  TO 
June  29.  ELECT    AN    INSPECTOR    OF    BEEF    AND    PORK    FOR 

SAID  CITY. 


City  council  may 
elect  an  inspector  of 
beef  and  pork. 


City  council  may  elect  inspector.      Powers,  and  bond. 

Section  1,  Be  it  enacted  by  the  General  Assembly^  and  by 
the  authority  thereof  it  is  enacted,  That  it  shall  and  may  be 
lawful  for  the  city  council  of  the  city  of  Providence,  at  the 
annual  election  of  officers  for  said  city,  hereafter,  to  appoint 
one  City  inspector  of  beef  and  pork  within  said  city  ;  which 
said  inspector  shall  have  all  the  rights,  powers,  fees  and 
privileges,  and  be  subject  to  all  the  duties,  penalties  and 
forfeitures  which  by  law  appertain  or  are  incident  to  the 
office  of  inspector-general  of  beef  and  pork  for  this  state. 
And  the  said  inspector  shall  before  he  enters  upon  the  du- 
ties of  his  office,  be  sworn  faithfully  to  perform  the  duties 
of  the  same  ;  and  shall  give  bond  in  manner  and  form  as 
is  by  law  required  of  the  said  inspector-general.  And  fur- 
ther, it  shall  and  may  be  lawful  for  said  city  council,  as 
soon  as  may  be  after  the  passage  of  this  act,  to  appoint  one 
city  inspector,  in  manner  and  form  aforesaid,  to  serve  in 
said  office,  being  first  duly  qualified  as  before  mentioned, 
until  the  next  annual  election  of  city  officers. 

[Note. —  77iis  inspection  iiiKst  con/or  in  1o  the  provisions  of  Chapter  iji  of  the 
General  Laivs  ;  aiid  the  foregoiiig  act  is  not  repealed  by  said  chapter,  of  which 
see  Section  24.] 


HEALTH. 


235 


AN    ACT    AUTHORIZING    THE    BOARD    OF    ALDERMEN      Qhontgr  777 
OF    THE    CITY   OF    PROVIDENCE    TO    COMPEL    CON-  ^ 

NECTIONS  WITH  SEWERS  ON  SEWERED  STREETS. 


of  -Vpril  25,  1889. 


Section 

1.  Board  of  aldermen  may  compel  abut- 

ting owners  to  conne^  their  estates 
with  sewers  on  sewered  streets. 

2.  Notice,  how  served. 


Section 

3.  Penalty  in  case  of  neglect  or  refusal 

to  comply  with  'order  of   board  of 
aldermen. 

4.  Operative  clause. 


May  compel  owners 


Notice,  on  whom  to 
be  served. 


//  is  ctiacted  by  the  General  Assembly  as  folloivs  : 

Section  1.  The  board  of  aldermen  "of  the  city  of  Provi 
dence  may  compel  any  abutting;  owner  or  occupant  of  land  on  sewered  streets  to 

J  >■  J  '^  i  connect  with  sewer 

upon  any  street  in  said  city  in  which  there  is  a  sewer  to 
connect  the  drainage  of  his  land  and  premises  with  such 
sewer,  and  may  direct  said  owner  or  occupant  to  fill  up  and 
destroy  any  cesspool,  privy-vault,  or  other  arrangement  for 
the  reception  of  drainage. 

Sec.  '1.  Upon  the  service  of  any  order  or  direction,  or  a 
copy  thereof,  upon  any  owner  or  occupant  of  such  land  to 
connect  the  drainage  as  aforesaid,  or  to  fill  up  or  destroy 
any  cesspool,  privy-vault,  or  other  arrangement  for  the 
reception  of  drainage,  such  owner  or  occupant  shall  comply 
with  such  order  or  direction  within  ten  days  from  the  time 
of  service  of  such  order. 

Sec.  3.  In  case  the  owner  or  occupant  to  whom  such 
order  shall  be  directed  shall  neglect  or  refuse  to  comply 
therewith  within  ten  days  after  the  service  thereof  upon 
him,  such  owner  or  occupant  shall  be  fined  not  less  than 
five  nor  more  than  twenty  dollars  for  each  subsequent 
twenty-four  hours  during  which  he  shall  neglect  or  refuse 
to  comply  therewith,  and,  in  case  such  neglect  or  refusal 
shall  continue  for  sixty  days  after  the  service  of  said  order, 
said  board  of  aldermen  may  cause  any  cesspool,  privy- 
vault,  or  other  arrangement  for  the  reception  of  drainage 
upon  the  land  of  such  owner  or  occupant  to  be  filled  up 
and  destroyed,  and  the  pendency  of  any  appeal  from  any 
of  such  orders  or  doings  of  said  board,  shall  not  afi^ect  the 
power  of  said  board  after  the  expiration  of  said  period  of 
sixty  days  to  cause  the  same  to  be  forthwith  filled  up  and 


Penalty  in  case  of 
refusal. 

Act  of  1895,  Ch.  1407. 


236 


HEALTH. 


destroyed,  the  aforegoing  provisions  being   in  the   interest 
of  the  public  health  of  said  city. 
Operative  clause.  Sec.  4.     This   act   shall  take   effect   from    and  after  its 

passage  ;   and  all  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 


Chapter  871 

of  May  2,  1890. 


City  of  Providence 
authorized  to  appro- 
priate IJS  000  to  the 
R.  I.  Hospital,  an- 
nually. 


Operative  clause. 


AN  ACT  GRANTING  AUTHORITY  TO  THE  CITY  OF 
PROVIDENCE  TO  APPROPRIATE  ANNUALLY  TO  THE 
RHODE  ISLAND  HOSPITAL  THE  SUM  OF  FIVE  THOU- 
SAND DOLLARS. 


Section 
1.  Annual    appropriation     for     Rhode 
Island  Hospital. 


Shctiox 
2.  Operative  clause. 


//  is  enacted  by  t/ie  General  Assembly  as  follows  : 

Section  1.  The  city  council  of  the  city  of  Providence 
is  hereby  authorized  and  empowered  to  make  an  appropria- 
tion of  not  exceeding  five  thousand  dollars  annually  to  the 
Rhode  Island  Hospital,  under  such  limitations  and  condi- 
tions as  may  be  determined  from  time  to  time  by  said  city 
council. 

Sec.  2.  This  act  shall  take  effect  on  its  passage  ;  and  all 
acts  and  parts  of  acts  inconsistent  herewith  are  hereby  re- 
pealed. 


ChaptGr  1408    ^^^  ^^^T  authorizing   the  mayor  of  the  CITY  OF 

of  March  1, 1895.  PROVIDENCE   TO   CONTRACT   WITH    RHODE    ISLAND 

HOSPITAL  FOR  THE  CONSTRUCTION  AND  MAINTE- 
NANCE OF  A  HOSPITAL  FOR  CARE  OF  CONTAGIOUS 
AND  INFECTIOUS  DISEASES. 


Section 
1.  Mayor  may  contract  for  hospital  for 
contagious  diseases. 


Section 

2.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.  The  mayor  of  the  city  of  Providence  is 
and' nTaiX™'°o'f  hereby  authorized  and  empowered  to  contract,  on  behalf 
c^mSous^andYnfec-    of  the  city  of  Providence,  with  the   Rhode  Island   Hospital 


Mayor    may    con- 
tract with  R.  I.  Hos- 


tious  diseases. 


HEALTH.  237 

of  said  Providence,  for  the  construction  and  maintenance 
of  a  hospital  ward,  building  or  buildings,  for  the  care  of  con- 
tagious and  infectious  diseases,  at  a  cost  not  to  exceed  the 
sum  of  seventeen  thousand  five  hundred  dollars,  said  sum 
to  be  charged  to  the  appropriation  for  contingencies. 

Sec.  2.     This   act   shall   take   effect  from   and   after    its      Operative  clause, 
passage. 


238 


HIGHWAYS. 


Act    of    1822    ^^  ^^^  DECLARING  CERTAIN  PRIVATE  STREETS  AND 

January 22.  GANGWAYS  IN  THE  TOWN  OF  PROVIDENCE,  IN  THE 

COUNTY  OF  PROVIDENCE,  TO  BE  PUBLIC  HIGHWAYS. 


Petition  to  have 
certain  private  streets 
declared  to  be  public 
streets. 


Preamble 

Reciting  petition  to  the  general  assembly 
to  have  cert^iin  private  streets  and 
gangways  on  a  plat  referred  to, 
declared  to  be  public  streets. 


Section 

1.  The  said   streets   and   gangways  de- 

clared to  be  public  highways. 

2.  Town  not  liable  to  repair  the  same, 

until  decreed  by  town  council. 


Whereas,  Philip  Crapo,  Thomas  Burgess,  and  Benjamin 
Hoppin,  all  of  Providence,  in  the  county  of  Providence, 
together  with  Benjamin  Clifford  and  Samuel  Y.  Atwell,  exec- 
utors of  the  last  will  and  testament  of  Amos  M.  Atwell,  late 
of  said  Providence,  deceased,  have  preferred  their  petition 
to  this  general  assembly,  setting  forth  that  the  said  Philip 
Crapo,  Thomas  Burgess,  Benjamin  Hoppin,  and  xAmos  M. 
Atwell,  were  heretofore  seized  and  possessed  of  two  tracts 
of  land,  situate  in  the  westerly  part  of  said  Providence  and 
adjoining  each  other,  and  which  are  named  and  described 
in  one  deed  from  Hetty  Atwell  to  them  and  Sullivan  Moulton, 
dated  on  the  twenty-eighth  day  of  September,  a.  d.  1808, 
and  recorded  in  said  Providence,  in  book  number  thirty, 
and  pages  four  hundred  and  thirty-six  and  four  hundred  and 
thirty-seven  ;  and  one  deed  from  Richard  Jackson,  Jr.,  to 
the  same  persons,  dated  on  the  same  day,  and  recorded  in 
the  same  book,  in  pages  four  hundred  and  thirty-seven  and 
four  hundred  and  thirty-eight;  which  lands  they,  the  said 
Philip  Crapo,  Thomas  Burgess,  Benjamin  Hoppin,  and  Amos 
M.  Atwell,  laid  out  and  platted  into  lots,  streets,  and  gang- 
ways, and  caused  the  plat  thereof  to  be  recorded  in  the  same 
book,  between  pages  four  hundred  and  thirty-nine  and  four 
hundred  and  forty;  and  praying  that  the  same  streets  and 


HIGHWAYS.  239 

gangways  may  be  declared  and  made  public  streets  ;  which 
petition  has  been  approved  by  said  town  :     therefore, — 

Section  1.     Be  it  enacted  by  the  General  Assembly,  and  by        Certain    private 

.7  .1       -1     jj  J-    ■,   •  ,1    r,^t      ,      11      r         •  1  'i     streets  and  gangways 

the  autnority  tne7-eoj  it  is  enacted,   1  hat  all  of  said  streets  and  declared  to  be  public 
gangways   which  are  laid   out  on  or  through  said   two  tracts     "sce  ciia/>.  2r>i,  of 
of  land,  and  which  are  deHneated  on  the  record  of  said  plat,   ^ow.  "'  ^'^^^'  ''*' 
shall  be  and  the  same  are  hereby  made  and  declared  to  be 
public  highways,  to  all  intents  and  purposes ;  and  that  all 
persons  who  shall   make,  erect,  or  continue  anj^  obstruction, 
encroachment  or  nuisance  on  any  of  said  highways,  shall  be 
liable  to  prosecution  by  indictment  therefor. 

Sec.   '1.     Provided,  hotvever,  and  be  it  further  enacted,  That      Town  not  liable  to 

.  ,  r    T-.  •  1  1      11  11-11  •  -1     repair  the  same,  until 

said  town  oi  rrovidence  shall  not  be  liable  to  repair  said  so  decreed  by  town 

,  •!       I  -1       r  •  1  council. 

highways  until  the  town  council  of  said  town  shall   resolve 
or  decree  that  it  is  proper  for  the  town  to  repair  the  same. 


AN  ACT  IN  ADDITION  TO  AN  ACT  ENTITLED  "AN  ACT 
DECLARING  CERTAIN  PRIVATE  STREETS  AND  GANG- 
WAYS IN  THE  TOWN  OF  PROVIDENCE,  IN  THE  COUNTY 
OF  PROVIDENCE,  TO  BE  PUBLIC  HIGHWAYS." 


Chapter  261 


of  Feb.  11,  ISDrf. 


Section 

1.  Power  of  board  of  aldermen  in  rela- 
to  certain  highways. 


Section 
2.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.     The  board  of  aldermen  of  the  city  of  Provi        Power  of  board  of 

•'  '    aldermen   m  relation 

dence  shall   have  the  same  power  and  authority   to  discon.   to  highways, 
tinue,  alter,  or  change  any  of  the  public  highways  established 
by  the  act  of  which   this  act  is  an  addition,  as  though   said 
highways  had  been  declared,  laid  out,  or  established  as  pub- 
lic highways  by  said  board  of  aldermen. 

Sec.  2.     This  act  shall  take  effect  immediately  from  and    Operative  clause 
after  the  passage  thereof. 


240 


HIGHWAYS. 


Act  of   1843      ^^ -^^^  CONCERNING  THE  ESTABLISHMENT  OF  HIGH- 
WAYS IN  THE  CITY  OF  PROVIDENCE. 


January  12. 


Section 

4.  Platted  land  may  be  established  as 

highway,  on  petition  of  adjacent 
owners,  after  notice  by  advertise- 
ment to  non-residents. 

5.  Highway  of  land   used   as  such   for 

twenty  years. 


Highway  may  be 
established,  on  peti- 
tion of  owners  of  the 
land. 


Platted  land  may 
be  established  as  [a 
highway,  on  petition 
of  adjacent  owners. 


Highway  ay  be 
established  with  the 
consent  of  resident 
owners,  after  notice 
by  advertisement  to 
non-resident   owners. 


.Section 

1.  Highway  to  be  established  on  petition 

of  owners  of  land. 

2.  Platted  land  may  be  established  as 

highway,  on  petition  of  adjacent 
owners. 

3.  Highway   may    be    established   with 

consent  of  resident  owners,  after 
notice  by  advertisement  to  non- 
resident owners. 


jBe  it  enacted  by  the  General  Assembly  as  follows  : 

Section  1.  Whenever  any  owner  or  owners  of  land  in 
the  city  of  Providence  shall  present  to  the  mayor  and  alder- 
men of  said  city  their  petition  praying  that  a  street  or  high- 
way be  established  upon  their  land,  it  shall  be  lawful  for  said 
mayor  and  aldermen  to  establish  such  street  or  highway  by 
declaring  it  to  be  a  public  highway,  and  ordering  it  to  be 
recorded  as  such ;  which,  when  so  established,  shall  be  a 
public  highway  to  all  intents  and  purposes. 

Sec.  2.  Whenever  the  owners  of  any  land  in  said  city 
adjacent  to  any  land  in  said  city  which  has  been  surveyed, 
marked  out,  and  platted  as  a  street  or  highway,  and  the  plat 
thereof  recorded  in  the  records  of  said  city,  shall  present 
their  petition  to  said  mayor  and  aldermen,  praying  that  such 
street  or  highway  may  be  established  as  a  public  highway, 
it  shall  be  lawful  for  said  mayor  and  aldermen  so  to  estab- 
lish the  same  in  manner  as  provided  in  the  first  section  of 
this  act ;  which,  when  so  established,  shall  be  a  public  high- 
way to  all  intents  and  purposes. 

Sec.  3.  Whenever  said  mayor  and  aldermen  deem  it 
expedient  that  any  street  or  highway  shall  be  laid  out  and 
established  in  said  city,  and  all  the  owners  of  the  land 
proposed  to  be  taken  therefor  who  reside  in  this  state  shall 
give  their  consent  in  writing  that  such  street  or  highway 
shall  be  laid  out  and  established,  the  said  mayor  and  alder- 
men shall  cause  notice  to  be  given  to  all  persons  interested 
living  out  of  the  state,  by  advertisement  at  least  once  a  week 
for  three  successive  months  in  one  of  the  newspapers  printed 
in  said  city,  stating  the  time  when  the  laying  out  and  estab- 


HIGHWAYS.  .  241 

lishing  such  highway  will  be  considered  by  said  mayor  and 
aldermen  ;  and  if  at  such  time  no  person  interested  shall 
appear  to  object  thereto,  it  shall  be  lawful  for  said  mayor 
and  aldermen  to  lay  out  and  establish,  in  manner  as  pro- 
vided in  the  first  section  of  this  act,  such  street  or  highway ; 
which,  when  so  laid  out  and  established,  shall  be  a  public 
highway  to  all  intents  and  purposes. 

Sec.  4,     Whenever   all  the   persons    living   in  this   state      Platted  land  may 

.  .  ,        .  ,  •    1  t)'^    established    as    a 

who  own  land  adjacent  to  any  land  in  said  city  which  may   highway,  on  petition 

,  ,       ,  111  of    adjacent    owners, 

have  been  surveyed,  marked  out,  and   platted  as  a  street  or  after  notice  by  adver- 

,  11-1  1         r         ■  1     tisement  to  non-resi- 

highway,  and  the  plat  thereof  recorded  in  the  records  of  said  dents, 
city,  shall  present  to  said  mayor  and  aldermen  their  petition 
praying  that  such  street  or  highway  may  be  established  as  a 
public  highway,  it  shall  be  lawful  for  said  mayor  and  alder- 
men to  proceed  and  give  notice  to  all  persons  interested 
living  out  of  the  state,  by  advertisement  in  the  manner  pro- 
vided in  the  third  section  of  this  act,  and,  if  no  person  inter- 
ested shall  appear  to  object,  it  shall  be  lawful  for  said  mayor 
and  aldermen  to  establish,  in  manner  as  provided  in  the  first 
section  of  this  act,  such  street  or  highway  as  a  public  high- 
way ;  which,  when  so  established,  shall  be  a  public  highway 
to  all  intents  and  purposes. 

Sec.  5.     The  act   entitled  "An  act  in  amendment  of  an       Highway  of  land 
act  entitled  'An  act  for  laying  out  highways,'  "  passed  at  the   "ears.^^ 
January  session,  a.  d.  1829,  is  hereby  declared  to  be  inopera- 
tive and  of  no  effect  in  the  city  of  Providence  ;  and  it  shall 
hereafter  be  lawful  for  the  mayor  and  aldermen  of  said  city 
to  declare   any  land   that  has  been   quietly,  peaceably,  and 
actually   used   and  improved  for  twenty   years  as  a  public 
street  or  highway,  to  be  a  public  highway,  as  by  the  seventh 
section  of  the  "Act  for  laying  out  highways,"  town  councils   Re-enacted  by  Gen. 
were  authorized   to  do   prior  to  the   passage  of  the  before-     ^^^  '     ''  '^^^' 
named  act. 
31 


242 


HIGHWAYS. 


ChaDtfir  40B      '^^  ^^'^    ^^  amendment   of  an   act    entitled  "AN 

^  ACT    CONCERNING    THE  ESTABLISHMENT    OF    HIGH- 

of  Jan.  28,  1862. 

WAYS  IN  THE  CITY  OF  PROVIDENCE." 


Section 

1.  Mayor  and  aldermen  not  to  act  with- 
out request  of  city  council. 


.Section 
2.  Inconsistent  acts  repealed. 


//  is  enacted  by  the  General  Assembly  as  follozvs  : 
Mayor  and  alder-        SECTION  1.     The  mavOr  and  alderiiieii  of  said  city  shall 

men  not  to  act  with- 
out request  of  the  city    not  establish    any  street  or   highway  in  said    city,  or  declare 

council.  ..... 

any  land  in  said  city  to  be  a  public  street  or  highway,  under 
any   of  the   provisions  of  the   act  of  which  this  act   is   an 
amendment,  unless  requested   so  to  do  by  a  vote  of  the  city 
council  of  said  city. 
Inconsistent  acts  Sec.  2.     All  acts  and  parts  of  acts  inconsistent  herewith 

repealed. 

are  hereby  repealed. 


Chapter  322 

of  April  21,1882. 


AN  ACT  TO  AUTHORIZE  THE  BOARD  OF  ALDERMEN 
OF  THE  CITY  OF  PROVIDENCE  TO  DEFINE  A  GRADE 
FOR  ANY  PLATTED  STREET  OR  WAY. 


Section 

1.  Grade  of  platted  street  which  is  not 

a   public  highway. 

2.  Notice  to  abutting  owners. 


Section 

3.  Effect  of  defining  grade. 

4.  Operative  clause. 


Grade  of  platted 
street  which  is  not  a 
public  highway. 


Notice  to  abutting 
owners. 


//  is  enacted  by  the  General  Assembly  as  follozvs: 

Section  1.  Upon  request  of  the  city  council  of  the  city 
of  Providence,  the  board  of  aldermen  of  said  city  may 
define  a  grade  for  any  platted  street  or  way,  in  said  city, 
which  is  not  a  public  highway,  the  plat  whereof  is  recorded 
in  the  office  of  the  recorder  of  deeds  in  said  city. 

Sec.  2.  Before  defining  any  grade  as  aforesaid,  said 
board  of  aldermen  shall  cause  such  notice  as  said  board  may 
deem  proper,  to  be  given  to  all  the  owners  of  land  abutting 
on  said  street  or  way,  to  appear  before  said  board,  at  a  time 
to  be  named  in  said  notice,  and  be  heard  upon  the  question 
of  defining  such  grade. 


HIGHWAYS. 


243 


Sec.  3.  When  such  street  or  way  shall  be  received  by 
said  city  as  a  public  street  or  highway,  the  grade  so  defined 
as  aforesaid  shall  be  the  established  grade  thereof  ;  but  no 
action  of  said  board,  by  virtue  of  the  provisions  of  this  act, 
shall  be  a  receiving  of  any  such, street  or  way  as  a  public 
street  or  highway. 

Sec.  4.  This  act  shall  take  effect  immediately  upon  its 
passage ;  and  all  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 


Effect  of  defining 
graJe. 


Operative  clause. 


AN  ACT    PROVIDING    FOR  THE    LAYOUT   OF    STREETS     Qhantgr   Rg? 
AND  HIGHWAYS  IN  THE  CITY  OF  PROVIDENCE. 

of  April  30,  1886. 


Section 

1.  Hoard   of    aldermen,    on    request   of 

city    council,   to    appoint    disinter- 
ested men  to  mark  out  highways. 

2.  Action  of  board  of  aldermen  on  the 

report. 

3.  Proceedings  of  board  of  aldermen  to 


Section 

conform  to  the  provisions  of  Chap- 
ter 64  of  the  Public  Statutes,  except 
as  modified  by  this  act. 
4.  When  to  take  effect.  Inconsistent 
provisions  of  Chapter  64  of  Public 
Statutes  repealed. 


It  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.  Whenever  the  city  council  of  the  city  of 
Providence  shall  request  the  board  of  aldermen  of  said  city 
to  lay  out  any  highway  in  said  city,  said  board  of  aldermen 
shall  appoint  three  suitable  men,  not  interested  or  concerned 
in  the  land  through  which  such  highway  is  to  pass,  who  shall 
be  engaged  to  the  faithful  discharge  of  their  trust,  and  shall 
then  proceed  in  all  respects  according  to  the  provisions  of 
sections  3,  4,  5  and  6  of  Chapter  64  of  the  Public  Statutes. 

Sec.  2.  The  said  board  of  aldermen  after  hearing  the 
persons  appearing  to  be  heard  pursuant  to  notice  to  appear, 
which  shall  be  given  as  provided  by  section  6  of  Chapter  04 
of  the  Public  Statutes,  shall  proceed  to  receive  or  reject  the 
report  presented  by  said  men  so  appointed  to  lay  out  the 
highway,  or,  if  they  see  fit,  to  recommit  the  same  and  the 
matter  of  said  layout  to  the  men  so  appointed  as  aforesaid 
for  other  report,  or  to  commit  the  same  and  the  matter  of 
said  layout  to  three  other  suitable  men  not  interested  or 
concerned   in   the  land   through  which   said   highway  is  to 


Board  of  aldermen, 
on  request  of  the  city 
council,  to  appoint 
disinterested  men  to 
to  mark  out  highway. 


Action  of  the  board 
of  aldermen  on  their 
report. 


244 


HIGHWAYS. 


Engagement  of 
commissioners. 


Record  of  report. 


Proceedings  to  con- 
form to  the  provisions 
of  Chapter  &i,  except 
as  modified  by  tliis 
act. 


When  to  take  ef- 
fect; inconsistent  pro- 
visions of  Chapter  G4 
repealed. 


pass,  who  shall  be  engaged  to  the  faithful  discharge  of  their 
trust,  and,  if  it  be  so  recommitted  or  committed,  then  upon 
subsequent  report  to  said  board,  like  notice  shall  be  given 
to  persons  interested  in  the  land  through  which  said  high- 
wa}'  is  to  pass,  as  is  herein  provided,  upon  the  presentation 
of  the  first  report.  And  when  any  report,  so  presented,  shall 
be  approved  and  received  by  said  board,  said  board  shall 
cause  the  same  to  be  recorded,  and  thereupon  said  highway 
so  laid  out  shall  be  deemed  to  be  estabUshed.  And  said 
board  may  thereafter  at  any  time  cause  said  highway  to  be 
laid  open,  and  all  buildings,  fences  and  other  impediments 
and  obstructions  therein  to  be  removed  by  the  board  of 
public  works  of  said  city,  or  other  officer  or  officers  exer- 
cising in  said  city  the  jurisdiction  of  surveyor  of  highways, 
under  a  warrant  from  said  board  of  aldermen  directed  to 
said  board  of  public  works  or  other  officer  or  officers  for 
that  purpose. 

Sec.  3.  Excepting  as  is  herein  otherwise  provided  and 
modified,  the  proceedings  of  said  board  of  aldermen  for  the 
layout  of  any  highway  in  said  city  upon  the  request  of  the 
city  council  of  said  city  as  aforesaid,  shall  conform  to  the 
provisions  of  said  Chapter  64  of  the  Public  Statutes  in  rela- 
tion to  the  layout  of  highways,  subject,  however,  to  the 
right  and  effect  of  appeal  as  provided  in  said  Chapter  64. 

Sec.  4.  This  act  shall  take  effect  on  and  after  its  pas- 
sage ;  and  all  the  provisions  of  said  Chapter  64  of  the  Pub- 
lic Statutes  inconsistent  herewith  are  hereby  repealed. 


HIGHWAYS. 


245 


AN  ACT  IN  RELATION  TO  THE  LAYING  OUT,  ENLARG- 
ING, STRAIGHTENING  OR  OTHERWISE  ALTERING 
STREETS  IN  THE  CITY  OF  PROVIDENCE. 


Section 

1.  The  city  council  may  cause  streets 

to  be  laid  out,  enlarged,  straightened 
or  otherwise  altered. 

2.  Five  commissioners  of  estimate  and 

assessment  to  be  appointed  by  the 
supreme  court,  after  public  notice. 

3.  Commissioners  to  view  the  premises", 

to  cause  a  survey  and  plat  to  be 
made  ;  to  notify  owners  and  per- 
sons interested  ;  to  estimate  and 
assess  the  loss  and  damage,  also 
the  benefit  or  advantage,  of  the 
improvement,  and  to  apportion  not 
more  than  one-half  the  loss  and 
damage  to  the  persons  and  estates 
benefited ;  and  to  make  report  to 
the  supreme  court.  Proceedings 
on  the  report  in  the  supremo  court. 
The  city,  after  electing  to  make 
the  improvement,  to  become  seized 
of  the  lands  in  trust  for  highway 
purposes,  and  may  take  possession 
of  them  without  proceedings  at  law. 

4.  If  premises  be  under  lease   or  con- 

tract, the  same  to  be  discharged. 


Section 

5.  The  damages  assessed  shall  be  paid 

by  the  city  within  four  months. 
Mode  of  enforcing  payment. 

6.  Assessments  for  benefits  to   estates, 

to  be  added  to  the  taxes  assessed 
upon  said  estates  and  to  be  a  lien 
thereon  until  paid ;  and  to  be  col- 
lected as  taxes.  One  year  in  addi- 
tion allowed  in  case  of  non-resident 
or  minor. 

7.  Copies  of  the  report,  plat  and  maps 

shall  be  placed  in  city  clerk's  office 
and  public  notice  given. 

8.  Compensation  of  commissioners. 

9.  The  city  council  shall  elect  whether 

to  make  the  improvement  or  not. 

10.  Either  party  may  object   to  the   re- 

port, and  have  a  trial  by  jury. 
Proceedings. 

11.  Board   of   aldermen    to    declare    the 

street,  when  opened,  to  be  a  public 
highway. 

12.  Highways  may  be  laid  out  under  the 

act  for  laying  out  highways. 

13.  Operative  clause. 


Act  Of  1854 

February'  22. 

4  R.  I.  230. 

6  R.  I.  514. 
11  R.  1.166. 
11  R.  I.  472. 


//  is  enacted  by  the  General  Assembly  as  folloios  : 

Section  1.     That  whenever  in   the    opinion  of  the  city       city  council  may 
council  of  the   city  of  Providence,  it  shall  be  desirable  and   kid  ^ out^^ enlarged! 

,,  ,,  ^-li  ^i  •  1^         straightened  or  other- 

necessary  to  lay  out,  enlarge,  straighten   or  otherwise   alter   wise  altered. 

any  street  or  portion  of  a  street,  in  said  city,  it  shall  be  law- 
ful for  said  city  council  to  cause  the  same  to  be  done  in 
manner  hereinafter  provided,  notwithstanding  it  may  be 
necessary  for  that  purpose  to  remove  any  building  or  build- 
ings, or  to  take  any  lands,  tenements  or  hereditaments 
whatever. 

Sec  2.     That  whenever  and  as  often  as  any  lands,  tene-      May  apply  to  the 

^  supreme     court     for 

ments,  hereditaments  or  premises  shall  be  required  for  the  ^{^'^''/"'™t"' °^  ^°"^ 
purpose  aforesaid,  the   city  council    may   cause  application 
to  be  made  to  the-  supreme  court  of   this   state  for  the  ap- 
pointment of  five   commissioners   of  estimate   and   assess- 
ment,   which    court    shall    appoint    said    commissioners   as 


missioners. 


246 


HIGHWAYS. 


To  give  notice 
thereof  in  two  news- 
papers ; 


10  R.  I.  320. 


and  by  posters. 


Supreme  court  to 
appoint  the  commis- 
sioners. 


Commissioners  to 
take  oath. 


Commissioners  to 
view  premises,  and 
make  survey  and  plat 
thereof. 


To  give  notice,  in 
two  newspapers,  of 
time  and  place  of 
meeting  for  estimate 
and  assessment,  to 
all  persons  interested 
in  lands  to  be  taken, 
and  to  all  owners  of 
lands  which  in  opin- 
ion of  commissioners 
will  be  benefited. 

11  R.  I.  372. 

12  R.  I.  144. 


follows  :  Said  city  council  shall  give  notice  of  such  appli- 
cation, by  advertisement,  to  be  published  in  at  least  two  ' 
of  the  public  newspapers  printed  in  said  city,  which  notice 
shall  specify  the  time  and  place  of  such  application,  and 
the  nature  and  extent  of  the  intended  improvement,  and 
shall  be  published  for  and  during  the  space  of  three  weeks 
previous  to  said  appointment,  and  they  shall,  in  addition  to 
said  advertisement,  cause  copies  of  the  same  in  handbills 
to  be  posted  up  for  the  same  space  of  time  in  three  con- 
spicuous places  adjacent  to  the  property  to  be  affected  by 
the  intended  improvement.  At  the  time  thus  specified,  or 
at  any  adjournment  thereof,  the  said  court  shall  appoint 
five  discreet  and  disinterested  persons  as  commissioners  of 
estimate  and  assessment.  But  the  court  shall  not  neces- 
sarily deem  every  person  who  is  a  resident  or  taxpayer  in 
said  city  to  be  an  interested  person  in  the  view  of  this  act. 
Said  commissioners  shall,  before  they  enter  upon  the  duties 
of  their  appointment,  severally  take  an  oath  or  affirmation, 
before  some  person  authorized  by  law  to  administer  oaths, 
"faithfully  to  perform  the  trust  and  duties  required  of  them 
by  this  act,"  which  oath  or  affirmation  shall  be  certified  by 
the  person  administering  the  same. 

Sec.  3.  That  it  shall  be  the  duty  of  said  commissioners 
to  proceed  to  the  place  where  such  laying  out,  enlargement, 
straightening  or  other  alterations  are  to  be  made  and,  after 
viewing  the  premises  required  for  the  same,  shall  cause  a 
survey  and  plat  thereof  to  be  made  ;  and  thereupon  they 
shall  cause  notice  to  be  given  to  all  persons  interested  in 
said  lands,  tenements,  hereditaments  and  premises  so  re- 
quired, and  to  all  persons  who  are  owners  of  lands,  tene- 
ments, hereditaments  and  premises  which  are,  in  the  opinion 
of  said  commissioners,  benefited  by  said  laying  out,  enlarge- 
ment, straightening  or  other  alterations,  of  the  time  and 
place  of  making  an  estimate  of  the  value  of  the  property 
so  required  and  of  the  benefits  conferred,  by  publishing 
when  and  where  such  estimate  and  assessment  will  be  made, 
during  the  space  of  three  weeks,  in  at  least  two  of  the 
newspapers  printed  in  said  Providence.     At  which  time  and 


HIGHWAYS.  247 

place  said  commissioners  shall   proceed  to  make  a  just  and      To  make  an  equit- 

.  able     estimate     and 

equitable   estimate   and   assessment  of  the   amount  of  the  assessment  of  dam- 

.  r  1     ''Se   over   benefit,  or 

loss   and   damage,  if  any,  over  and  above   the    benefit  and   benefit  over  damage, 

to    owners  of  prem- 

advantage,  and  of  the  benefit  and  advantage,  if  any,  over  tses  taken.     , 
and  above  the  loss  and  damage,  as  the  case  may  be,  to  the   ^^s^''"4''L''^Jl^4' 
respective  owners,  lessees,  parties  and  persons  respectively  gr.  1.514. 

entitled  unto  or  interested  in  the  lands,  tenements,  heredita-  s  r!  l  493! 

ments  and  premises  so  required,  by  and  in  consequence  of 

To  make  an  equita- 

the  laying  out,  enlargement,   straightening  or  other  altera-  bie  estimate  and  as- 

,  ,  ,  ,  sessment  of  the  bene- 

tions  as  aforesaid  ;  and  a  just  and   equitable  estimate  and   fit  to  owners  of  prem- 
ises not  taken. 

assessment  also  of  the  value  of  the  benefit  and  advantage 
of  such  laying  out,  enlarging,  straightening  or  other  altera, 
tions  as  the  case  may  be,  to  the  respective  owners,  lessees, 
parties  and  persons  respectively  entitled  unto  or  interested 
in  the  lands,  tenements,  hereditaments  and  premises  not 
required  for  said  laying  out,  enlarging,  straightening  or 
other  alterations,  but  which,  in  the  opinion  of  said  com- 
missioners, will  be   benefited  thereby.     And  said   commis-      To  report  to  the 

"^  supreme  court. 

sioners  shall   report  thereon   to  the  supreme  court  without 

unnecessary    delay;    and    whenever    the  loss   and    damage   How  to  report  dam- 

■>  -I    '  o  age  over  benefit ; 

shall  exceed  the  benefit  and  advantage,  said  commissioners 

shall   estimate,  assfess   and    report  the  excess    and   surplus 

only  ;  and   whenever    the   benefit   and  advantage   shall   be 

equal  and  equivalent  to  the  loss  and  damage,  said  commis-     equal  damage  and 

sioners  shall  report  that  the  owner  or  parties  will  suffer  no 

loss  or  damage,  as  the  benefit  and  advantage  will  be  equal 

to  the  loss  and  damage.     And  whenever  the  benefit  and  ad-      and  benefit  over 

°  damage. 

vantage  shall  exceed  the  loss  and  damage  as  aforesaid,  said 
commissioners  shall  estimate,  assess  and  report  such  excess 
and  surplus   only.     And   in  all   cases  where  any  persons  or     To esitmate, assess, 

'  -'  -'    '  and     report     as     to 

parties  are  interested  in  any  real  estate  or  premises  not  re-  ?'^"^;*',   °[    '*"^*, 

'  .'  ^  benefited,     but     not 

quired  as   aforesaid,  but  which   in  the  opinion  of  said  com-   'f'^'^n  for  the  street, 

'  '  r^  the   respective   value 

missioners  are  benefited  as  aforesaid,  it  shall  be  the  duty  of  of  such  benefit, 
said  commissioners  to  estimate,  assess  and  report  the  value 
of  such  benefit  to  such  owner  or  owners,  lessee   or  lessees, 
parties  and  persons  respectively,  in  respect  to  the  said  lands. 

To  report  names  of 

tenements,   hereditaments   and   premises.      And  said  com.  owners,  description  of 

lands,  and  respective 

missioners  shall   set  forth  in  said   report   the    names   of  the   damage  and  benefit.   . 
respective  owners,  lessees,  parties  and  persons  interested  in         iiR.  i.st-j. 


248 


HIGHWAYS. 


To  apportion  and 
assess,  pro  rata,  not 
exceeding  one  half 
the  loss  and  damage 
upon  the  persons  and 
estates   benefited. 

SeeCh.921o/1871, 
Page  253. 


But  assessment  in 
no  case  to  exceed  the 
benefit. 


To  be  included  in 
report. 


Supreme  court,  af- 
ter notice  to  parties, 
to  confirm  or  recom- 
mit report. 


Before  confirmation 
of  report,  party  ob- 
jecting to  it  may  have 
a  trial  by  jury. 

See  Section  10, 
page  251. 


Supreme  court  to 
confirm  the  report  as 
modified  by  verdict 
of  the  jury. 


any  of  the  lands,  tenements,  hereditaments  and  premises 
aforesaid,  and  an  apt  and  sufficient  designation  or  descrip- 
tion of  the  respective  lots  or  parcels  of  lands  and  tenements, 
hereditaments  and  premises  aforesaid,  with  the  loss  and 
damage,  benefit  and  advantage,  to  each  as  aforesaid.  And 
the  said  commissioners  shall  further  apportion  and  assess 
such  portion  of  the  loss  and  damage  as  the  city  council 
may  direct,  on  application  for  the  appointment  of  commis- 
sioners, not  exceeding  one  half  the  loss  and  damage,  ascer- 
tained as  aforesaid,  upon  the  persons  and  estates  so  bene- 
fited, in  the  ratio  of  the  benefits  conferred  :  provided,  that 
the  amount  of  such  assessments  shall  not  exceed  the  amount 
of  the  benefit  and  advantage  ascertained  as  aforesaid,  but 
in  case  of  such  excess,  to  the  extent  of  such  benefit  and 
advantage.  And  the  commissioners  shall  include  said 
assessment  and  apportionment  in  their  report  aforesaid. 
And  upon  the  coming  in  of  said  report,  signed  by  said  com- 
missioners, or  any  three  of  them,  said  court  shall,  by  order, 
after  giving  notice  to  the  parties  interested,  and  after  hear- 
ing any  matter  which  may  be  alleged  against  the  same, 
either  confirm  the  same  or  refer  it,  in  whole  or  in  part,  to 
said  commissioners  for  revisal  and  correction,  or  to  new 
commissioners,  as  they  think  fit,  who  shall  return  the  same 
so  corrected  and  revised  to  said  court  without  unnecessary 
delay,  which  shall  be  confirmed  or  again  referred  as  afore- 
said, as  right  and  justice  shall  require,  until  a  report  shall 
be  made  which  said  court  shall  confirm.  But  before  the 
confirmation  of  said  report,  either  of  the  parties  interested, 
who  shall  object  thereto,  may  have  a  trial  by  jury  before 
said  court,  in  the  manner  hereinafter  provided,  to  determine 
the  loss  and  damage,  benefit  and  advantage,  apportionment 
and  assessment,  as  aforesaid.  And  in  case  the  amount  of 
loss  and  damage  over  and  above  the  benefit  and  advantage 
as  aforesaid,  as  assessed  by  said  commissioners,  shall  be 
increased  or  decreased  by  the  verdict  of  the  jury,  or  in  case 
the  amount  of  the  assessment  of  the  benefit  and  advantage 
over  and  above  the  loss  and  damage,  or  of  the  apportion- 
ment and  assessment,  shall  be  decreased  or  increased  by  the 
verdict  of  the  jury  as    aforesaid,  said   supreme   court  shall 


HIGHWAYS. 


249 


confirm  the  report  of  said  commissioners,  after  altering  the 
same  so  as  to  conform  to  the  verdict  of  the  jury  as  afore- 
said, and  the  difference  in  the  damages  or  apportionment  in 
consequence  of  the  change  in  said  report  shall  enure  to  or 
be  paid  by  said  city  of  Providence,  and  such  report  so  con- 
firmed shall  be  final  and  conclusive  upon  all  parties.  And 
said  city  of  Providence,  after  electing  that  they  will  make 
said  improvements,  as  provided  in  the  ninth  section  of  this 
act,  shall  become  seized  of  all  the  lands,  tenements,  hered- 
itaments and  premises,  in  said  report  mentioned,  that  shall 
be  required  for  said  laying  out,  enlargement,  straightening 
or  other  alterations,  in  trust,  nevertheless,  that  the  same  be 
appropriated  and  kept  open  as  a  public  street.  And  said 
city  of  Providence  may  thereupon,  by  such  persons  as  the 
board  of  aldermen  of  said  city  shall  order,  either  immedi- 
ately or  at  any  time  or  times  thereafter,  take  possession  of 
the  same,  or  any  part  or  parts  thereof,  without  any  suit  or 
proceeding  at  law  for  that  purpose,  and  remove  all  build- 
ings and  other  impediments  as  said  board  of  aldermen  shall 
direct :  provided,  however,  that  it  shall  be  lawful  for  said  city 
council,  by  such  person  or  persons  as  they  shall  direct,  at 
any  time  before  the  final  confirmation  of  said  report  as 
aforesaid,  to  agree  with  any  of  the  parties  interested,  as 
to  the  loss  and  damage,  benefit  and  advantage,  apportion- 
ment and  assessment,  to  each  as  aforesaid.  And  in  case 
any  real  estate  belonging  to  the  city  of  Providence  shall  be 
taken  or  benefited  as  aforesaid,  said  commissioners  shall 
estimate  and  assess  the  loss  and  damage,  benefit  and  advan- 
tage, apportionment  and  assessment,  the  same  as  in  the  case 
of  all  other  real  estate. 

Sec.  4.  That  in  all  cases  where  the  whole  of  any  lot  or 
parcel  of  land  or  other  premises,  under  lease  or  other  con- 
tract, shall  be  taken  for  any  of  the  purposes  aforesaid,  upon 
the  election  by  the  city  council  as  provided  in  the  ninth  sec- 
tion of  this  act  to  make  the  said  improvement,  said  lease  or 
contract  shall  respectively  cease  and  determine  and  be  abso- 
lutely discharged.  And  in  case  part  only  of  any  lot  or 
parcel  of  land  or  other  premises,  so  under  lease  or  other 
contract,  shall  be  taken,  all  contracts  and  engagements 
32 


City  to  become 
seized  of  the  lands 
in  trust  for  highway 
V^urposes. 

SeeCU)91,ofl812, 
Sec.  4,  page  254. 


May  take  posses- 
sion thereof  without 
proceedings  at  law. 


City  council  before 
final  confirmation  of 
report,  may  agree 
with  parties  interest- 
ed upon  a  settlement. 


Real  estate  of  city 
to  be  subject  to  same 
proceedings. 


Lease  of  land  taken 
for  a  street  shall  ter- 
minate and  be  dis- 
charged. 


Where  part  only  of 
land  is  taken,  lease 
shall  terminate  as  to 
that  part. 


250  HIGHWAYS. 

respecting  the  same  shall,  from  the  time  of  the  election  afore- 
said, cease  and  determine  and  be  absolutely  discharged  as 
to  the  part  thereof  so  taken,  but  shall  remain  valid  as  to 
the  residue ;  and  the  rents,  considerations,  and  payments 
reserved  or  payable,  and  to  be  paid,  for  or  in  respect  to  the 
same,  shall  be  so  apportioned  as  that  the  proportional  part 
thereof  justly  and  equitably  payable,  or  that  ought  to  be 
paid,  for  such  residue  thereof,  and  no  more,  shall  be  demanded 
or  paid  or  recoverable  for  or  in  respect  of  the  same. 
Damages  to  be  paid        Sec.  5.     The  city  of  Providcncc  shall,  within  four  months 

by    city    within   four 

montiis.  after  the  confirmation  of  the  report   of  the  commissioners, 

which  report  shall  be  confirmed  in  portions  from  time  to 
time,  pay  to  the  respective  persons  and  parties,  in  whose 
favor  any   sum  of  money  shall  be  estimated   and   reported. 

Proceedings  against    the  amount  SO  estimated,  reported,  and  confirmed.     And  in 

city  for  payment. 

default  of  payment  within  such  time,  said  person,  after 
application  to  the  city  treasurer  for  payment  thereof,  may 
sue  for  and  recover  the  same  with  lawful  interest ;  in  which 
suit  it  shall  be  sufficient  to  declare  generally  for  so  much 
money  due  the  plaintiff  therein,  by  virtue  of  this  act,  for 
premises  taken  for  the  purposes  herein  mentioned,  and  it 
What  evidence  may   ghall  be  lawful  for  the  plaintiff  to  give  any  special  matter  in 

be   given,   and    what  '■  o  ^      i 

conclusive.  evidence  under  such  general  declaration  and  this  act ;  and 

the  report  of  the  said  commissioners,  with  proof  of  the  right 
and  title  of  the  plaintiff  to  the  sum  demanded,  shall  be  con- 
clusive evidence  in  such  suit  or  action. 
Assessments    for        Sec.  6.     That  the  amounts  so  apportioned  and  assessed 

benefits  to  estates  to  ^  i  <■  •  i  i  i  i  • 

be  added  to  the  taxes    and  Confirmed  as  aforesaid  to  the  real  estates  and  premises, 

assessed     upon     said  .  .  ,  ,  ,  . 

estates,  and  be  a  lien  and  to  the  owncrs  of  said  real  estates  and  premises,  so 
required  for  the  laying  out,  enlargement,  straightening,  and 
other  alterations  of  any  street  as  aforesaid,  and  to  such  real 
estate  and  premises,  and  the  owners  thereof,  as  in  the  opinion 
of  the  commissioners  will  be  benefited  thereby,  though  not 
required  for  such  laying  out,  enlargement,  straightening,  and 
other  alterations,  as  reported  by  said  commissioners  and  con- 
firmed by  said  court,  shall  be  added  to  the  taxes  assessed 
against  such  real  estate  and  premises  and  the  owners  thereof, 
by  the  assessors  of  taxes  for  said  city  of  Providence  at 
the  next  annual  taxation  thereof  after  the  said  confirmation 


thereon. 


HIGHWAYS.  251 

of  said  report,  and  the  same  shall  be  and  remain  a  lien  upon 
such  real  estates  and  premises  from  and  after  such  con- 
firmation until   the  same   is   paid,  and  shall   be  collected   in      To  be  collected  as 

otiier  taxes  ;  one  vear 

the   same  manner  as  the  other  taxes  assessed   against  said   aiiowedincaseofnon- 

resident  or  minor. 

real  estate  and  the  owners  thereof;  except  in  cases  where 
the  said  estates  or  property  are  owned  by  non-residents  or 
minors,  in  which  case  one  year  in  addition  shall  be  allowed. 

Sec.  7.     That  said  commissioners  of  estimate  and  assess-      Commissioners  to 

.  deposit    copy  of    re- 

ment  shall,  at  least  fourteen  days  before  making  their   first  port,  plats,  and  maps 

.  .  r  1      '"  '^^^y  clerk's  ofifice 

report  to  said  court  as  aforesaid,  deposit  a  true  copy  of  such  and  give  notice  there- 
report  and  of  the  plats  and  maps  annexed   thereto,  in  the 

See  C/i.  00]  of  1872, 

city  clerk's  ofifice  of  said  Providence,  for  the  inspection  of  Sec.3,page254. 
whomsoever  it  may  concern,  and  shall  at  the  same  time  give 
notice  thereof  by  publishing  the  same  in  at  least  two  of  the 
newspapers  printed  in  the  city  of  Providence. 

Sec.  8.     That  said  commissioners  shall  each  be  entitled      Compensation  of 

commissioners. 

to  receive  the  sum  of  three  dollars  for  each  day  actually 
employed  in  the  duties  of  their  said  appointment,  besides 
all  reasonable  expenses  for  maps,  surveys,  and  plats,  clerk 
hire,  and  other  necessary  expenses  and  disbursements,  and 
the  same  to  be  paid  by  said  city  of  Providence. 

Sec.  9.     And   the  said   city  council  shall,    within  thirty     city  council  to  elect, 

within     thirty     days, 

days   after  the  making  of  the  first  report   to  said  court  as   whether    they    win 

make     the    improve- 

aforesaid,  elect  whether  they  will  make  said  improvement  or   mentomot. 

not:  and  shall  be  authorized  at  any  time,  at  or  before  said   SeeCh.09io/i872, 

\  _     ■'        ,  Sec.  1,  page  253. 

election,  but  not  afterwards,  to  discontinue  all  further  pro- 
ceedings relative  thereto,  without  the  necessity  of  an  appli- 
cation to  said  court  for  leave  so  to  do.  But  upon  such  dis- 
continuance, said  city  of  Providence  shall  be  liable  for  all 
costs  of  court  and  all  commissioners'  fees  and  expenses 
which  shall  have  accrued,  and  said  court  may  enter  judgment 
and  issue  execution  therefor. 

Sec.  10.     Either  party  who  shall  be  dissatisfied  with  the      Either  party  may 

.  object  to  report  within 

report  of  said  commissioners,  shall  be  entitled  to  a  hearing  twenty  days  and  de- 

.         .  mand  a  trial  by  jury. 

before   said  court  upon   his   obiections   thereto,   and  upon 

^  ^  .      .  ,  r  See  Ck.  001  of  1872, 

written   application   to   said  court  within  twenty  days  after     Sec.2,f>age2!i4. 
the  notice  shall  have  been   given   by  order  of  court  to  the  9  r.  i.  so. 

parties  interested,  as  provided  in  the  third  section  of  this 
act,  for  a  jury  to  hear  and  determine  the  amount  of  loss  and 


252  HIGHWAYS. 

damage,  benefit  and  advantage,  apportionment  and  assess- 
ment, as  aforesaid,  which  said  application  shall  be  heard  and 
tried  by  a  jury  under  the  direction  of  the  court ;  and  if   the 

Costs,  how  to  be  party  making  such  application  fail  to  obtain  a  diminution  of 
the  amount  of  the  benefit  and  advantage,  or  apportionment 
and  assessment,  or  an  increase  of  the  loss  and  damage,  as 
the  case  may  be,  such  party  shall  be  liable  for  all  costs  aris- 
ing after  the  entry  of  such  application  for  a  jury,  and  said 
court  shall  enter  judgment  and  issue  execution  accordingly  ; 
and  if  the  city  of  Providence  apply  for  a  jury  and  fail  to 
obtain  a  diminution  of  the  loss  and  damage,  or  an  increase 
of  the  benefit  and  advantage,  or  apportionment  and  assess- 
ment, as  aforesaid,  it  shall  in  like  manner  be  liable  for  costs, 
and  said  court  may  enter  judgment  and  issue  execution  for 
such  costs. 

Board  of  aldermen        Sec.  11.     That  whenever  all  buildings  and  impediments 

to  declare  the  street, 

when  opened,  to  be  a   havc   bccu  rcmovcd   by  Order  of  the  board   of  aldermen  as 

public  highway. 

aforesaid,  and  the  same  or  a  portion  thereof  be  opened  for 
public  use,  said  board  of  aldermen  shall  declare  the  portion 
of  said  street  so  opened  a  public  highway,  and  the  same 
shall  thereafter  be  a  public  highway  to  all  intents  and  pur- 
poses. 
Board  of  aldermen        Sec.  12.     Tlic  board  of  aldermen  of  said  Providence  may, 

may  lay  out  highways  .   ,  , .  ,  .  ,  ,      ,  ,  .  , 

under  highway  law.   notwithstanding  this  act,  whenever  requested  thereto  by  said 
city  council,  and  not  otherwise,  proceed  to  lay  out  any  high- 
way  in  said  city  as  heretofore,  under  the  act  entitled  "An 
act  for  laying  out  highways." 
Operative  clause.  Sec.  13.     This  act  shall  go  into  efifect  immediately  after 

the  passage  thereof ;  and  all  acts  and  parts  of  acts  incon- 
sistent herewith  are  hereby  repealed. 


HIGHWAYS. 


253 


A\  ACT  IN  AMENDMENT  OF  AN  ACT  ENTITLED  "AN 
ACT  IN  RELATION  TO  THE  LAYING  OUT,  ENLARGING, 
STRAIGHTENING  OR  OTHERWISE  ALTERING  STREETS 
IN  THE  CITY  OF  PROVIDENCE." 


Chapter  921 

of  March  24,  1871. 


Section 

1.  Commissioners  may  assess  tliree- 
fourtlis  of  the  expense  of  opening 
streets  upon  estates  benefited. 


j    Section 

2.  Inconsistent  acts  repealed. 
'S.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  follows  : 


Section  1. 


The  commissioners  appointed  under  the  pro-     Commissioners  may 

assess   three    fourths 


visions  of  the  act   to   which  this   act   is  in   amendment,  are   of  *e   expense   of 

opening  streets  upon 

hereby  authorized  to  assess  three-fourths  of  the  loss  and  estates  benefited, 
damage  occasioned  by  the  laying  out,  enlarging,  straighten- 
ing or  otherwise  altering  streets  in  the  city  of  Providence 
under  the  provisions  of  said  act,  upon  the  persons  and 
estates  benefited  thereby,  in  the  ratio  of  the  benefits  con- 
ferred, or  such  portion  thereof  as  the  city  council  of  said 
city  of  Providence  shall  direct  in  the  application  for  the 
appointment  of  such  commissioners. 

Sec.  2.     All  acts  and  parts  of  acts   inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 

Sec.  3.     This   act   shall   take   effect    from   and   after  its 
passage. 


Inconsistent  acts 
repealed. 

Operative  clause. 


AN  ACT  IN  AMENDMENT  OF  AN  ACT  ENTITLED  'AN 
ACT  IN  RELATION  TO  THE  LAYING  OUT,  ENLARG- 
ING, STRAIGHTENING  OR  OTHERWISE  ALTERING 
STREETS  IN  THE  CITY  OF  PROVIDENCE." 


Chapter  991 

of  April  26,  1872. 


Section 

1.  City  council   to    elect    within    sixty 

days  after  filing  of  report  whether 
they  will  make  improvement  or 
not. 

2.  Aggrieved  persons  to   file   notice  of 

intention  to  claim  jur>'  trial  with 
clerk  of  supreme  court. 

3.  City    clerk    to  cause    notice    to    be 


Section 

served  that  report  has  been  filed 
in  supreme  court. 

4.  Buildings    and   improvements    upon 

land  taken  for  streets  to  remain 
the  property  of  the  owner  of  the 
land  taken. 

5.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  follozos  : 

Section  1.     The  city  council  of  the   city  of  Providence  ,  <-"''>'  council  must 

-'                                                  ■'  elect,    withm      sixty 

shall,  within  sixty  days  after  the  commissioners  of  estimate  days  after  filing  the 

'                               -'          ■'  report,  whether  they 

and   assessment   shall  have   made  their   first  report  to  the  ^^i"  "«ke  improve- 

'  ment  or  not. 


254 


HIGHWAYS. 


Aggrieved  persons 
to  file  notice  of  their 
intention  to  claim  a 
jury  trial  with  clerk 
of  supreme  court. 


City  clerk  to  cause 
notice  to  be  served 
that  report  has  been 
filed  in  the  supreme 
court. 


Buildings  and  im- 
provements to  remain 
property  of  owners 
of  land  taken. 


Operative  clause. 


supreme  court,  as  provided  in  the  act  to  which  this  act  is  in 
amendment,  elect  whether  they  will  make  the  improvement 
described  in  said  report  or  not. 

Sec.  2.  Any  person  aggrieved  by  the  report  of  the  com- 
missioners shall,  within  thirty  days  after  the  reception  by 
him  of  the  notice  by  the  city  clerk  of  the  filing  of  said  re- 
port in  the  supreme  court  as  hereinafter  provided,  file  with 
the  clerk  of  said  court  a  notice  in  writing  of  his  intention 
to  claim  a  jury  trial ;  and  in  case  such  aggrieved  person 
fails  to  file  such  notice  with  said  clerk  of  the  supreme  court 
as  aforesaid,  he  shall  not  be  entitled  to  a  jury  trial. 

Sec.  3.  The  said  city  clerk  shall,  immediately  upon  the 
filing  of  said  first  report  in  the  supreme  court,  cause  per- 
sonal notice  to  be  served  by  the  city  sergeant  upon  all  per- 
sons named  in  said  report  residing  in  this  state,  and  shall 
also  cause  a  copy  of  said  notice  to  be  published  daily  three 
times  in  at  least  two  of  the  newspapers  published  in  said 
city,  to  the  effect  that  such  report  has  been  filed  in  the  su- 
preme court,  and  that  all  persons  aggrieved  by  said  report 
must  file  with  the  clerk  of  the  supreme  court  a  notice  in 
writing  of  his  intention  to  claim  a  jury  trial,  as  provided  in 
section  two  of  this  act. 

Sec.  4.  All  buildings  and  improvements  upon  any  land 
taken  under  the  provisions  of  the  act  to  which  this  is  in 
amendment,  shall  remain  the  property  of  the  owners  of  the 
land  over  which  the  street  or  highway  shall  be  laid  out. 

Sec.  5.  This  act  shall  take  effect  from  and  after  its  pas- 
sage ;  and  all  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 


HIGHWAYS. 


255 


AN  ACT  IN  AMENDMENT  OF  AN  ACT  ENTITLED  "AN 
ACT  IN  RELATION  TO  THE  LAYING  OUT,  ENLARG- 
ING, STRAIGHTENING  OR  OTHERWISE  ALTERING 
STREETS  IN  THE  CITY  OF  PROVIDENCE." 


Chapter  317 

of  March  28, 1873. 


Suction 

1.  Owners  of  estates,  portions  of  which 

are   taken,  may  give   notice  of  in- 
tention to  surrender  such  estates. 

2.  Appraisers  to  be  appointed,  how  and 

by  whom. 


Section 
3.  Appraisers  to  make  written  report  of 
value.     Award  to  be  forthwith  paid 
by  city. 


//  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.  Any  owner  of  any  estate,  any  portion  of 
which  shall  be  taken  under  the  provisions  of  the  act  enti- 
tled "An  act  in  relation  to  the  laying  out,  enlarging,  straight- 
ening or  otherwise  altering  streets  in  the  city  of  Providence," 
or  the  several  acts  in  amendment  thereof,  may  at  any*  time 
within  sixty  days  after  the  filing  of  the  report  of  the  com- 
missioners of  estimate  and  assessment,  but  not  after,  give 
notice  in  writing  to  the  board  of  aldermen  of  said  city,  that 
he  objects  to  the  award  of  damages,  and  proposes  to  surren- 
der his  said  estate  to  said  city  of  Providence. 

Sec.  2.  In  case  said  board  shall  accept  said  proposition, 
and  said  owner  cannot  agree  with  said  board  for  the  value 
of  such  estate,  said  board  shall  appoint  one  person  and 
said  owner  another  person,  and  said  persons  so  appointed 
shall,  after  notice  to  said  owner  and  said  board,  fix  the 
value  of  such  estate,  and  in  case  they  cannot  agree  upon 
such  value,  shall  select  a  third  person,  and  the  determina- 
tion of  any  two  of  said  persons  agreeing,  shall  be  final  and 
conclusive  upon  said  owners  and  said  city,  upon  the  ques- 
tion of  the  value  of  said  estate. 

Sec.  3.  The  persons  so  appointed  shall,  as  soon  as  may 
be,  make  report  in  writing  to  the  city  clerk  of  said  city,  of 
their  determination  of  such  value,  and  the  said  owner,  after 
receiving  notice  of  the  filing  of  said  report,  shall  forthwith 
convey  said  estate  to  said  city  of  Providence,  and  said  city 
shall  thereupon  pay  to  said  owner  the  amount  of  said 
award. 


Owners  of  estates, 
portions  of  which  are 
taken,  may  give  no- 
tice of  intention  to 
surrender  the  estates. 


Appraisers  to  be 
appointed,  how  and 
bv  whom. 


Appraisers    to    make 
written  report. 


Award    to    be   forth- 
witli  paid  by  city. 


266 


HIGHWAYS. 


Chapter  288 

of  March  31,  1882. 


AN  ACT  IN  ADDITION  TO  AND  IN  AMENDMENT  OF 
CHAPTER  619  OF  THE  PUBLIC  LAWS,  AND  OF  AN  ACT 
PASSED  AT  THE  JANUARY  SESSION  OF  THE  GEN- 
ERAL ASSEMBLY,  A.  D  1854,  ENTITLED  "AN  ACT  IN 
RELATION  TO  THE  LAYING  OUT,  ENLARGING, 
STRAIGHTENING  OR  OTHERWISE  ALTERING  STREETS 
IN  THE  CITY  OF  PROVIDENCE,"  AND  OF  THE  SEV- 
ERAL ACTS  IN  AMENDMENT  THEREOF. 


Section 

1.  Land  taken  for  any  highway  hereto- 
fore made  under  the  provisions  of 
the  act  of  1854  and  its  amendments, 
and  paid  for  by  the  city,  shall  be  a 


Section 

highway   notwithstanding   any   de- 
fect in  the  proceedings  ;  but  no  as- 
sessment for  benefits  shall  be  made. 
2.  Operative  clause. 


Lands  taken  and 
paid  for  by  the  city 
for  any  highway  here- 
tofore made,  to  be 
a  highway  notwith- 
standing defect  in 
proceedings. 


No  assessment   for 
benefits  to  be  made. 


Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  folloivs  : 

Section  1.  Whenever  any  highway  in  the  city  of  Provi- 
dence shall  have  been  heretofore  actually  opened,  widened, 
enlarged  and  straightened,  or  otherwise  altered  under  the 
provisions  of  the  act  passed  at  the  January  session,  1854, 
entitled  "An  act  in  relation  to  the  laying  out,  enlarging, 
straightening  or  otherwise  altering  streets  in  the  city  of 
Providence,"  and  of  the  several  acts  in  amendment  thereof, 
and  the  land  taken  therefor  has  been  paid  for  by  said  city 
to  the  person  or  persons  entitled  thereto,  said  land  shall  for 
all  purposes  be  deemed  to  be  a  public  highway,  notwith- 
standing any  defect  in  the  proceedings  in  the  taking  or  con- 
demnation of  such  land  :  provided,  that  no  assessment  for 
alleged  benefits  to  any  person  or  estate  by  reason  of  such 
opening,  widening,  enlarging,  straightening  or  other  altera- 
tion, shall  be  made. 

Sec.  2.  This  act  shall  take  effect  immediately  upon  its 
passage. 


HIGinVAYS. 


257 


AN  ACT  IN  AMENDMENT  OF  AN  ACT  ENTITLED  '-AN 
ACT  IN  RELATION  TO  THE  LAYING  OUT,  ENLARG- 
ING, STRAIGHTENING  OR  OTHERWISE  ALTERING 
STREETS  IN  THE  CITY  OF  PROVIDENCE,"  AND  THE 
ACTS  IN  AMENDMENT  THEREOF  AND  IN  ADDITION 
THERETO. 


Section 
1.  I 


.aying  out,  enlarging  and  straight- 
ening streets  in  city  of  Providence  ; 
revised  report  of  commissioners ; 
proceedings  on  revised  report ;   no 


Section 

person  to  have  benefit  of  this  act 
whose  status  is  not  altered  by  re- 
vised report. 
2.  Operative  clause. 


Chapter  369 

of  May  14,  189G. 


//  is  enacted  by  the  Gene)-al  Assembly  as  follows  : 

Section  1.  Whenever  under  the  provisions  of  the  act 
entitled  "An  act  in  relation  to  laying  out,  enlarging, 
straightening  or  otherwise  altering  streets  in  the  city  of 
Providence,"  passed  at  the  January  session,  a.  d.  1854, 
and  of  the  several  acts  in  amendment  thereof  and  in  addi- 
tion thereto,  the  commissioners  of  estimate  and  assessment 
shall  have  made  report  to  the  supreme  court  as  provided 
by  said  acts,  and  such  report  shall  be  referred  back  to  the 
same  commissioners  or  to  new  commissioners  for  revisal  and 
correction,  and  the  commissioners  shall  return  the  same 
revised  and  corrected,  the  clerk  of  said  court  shall  forth- 
with give  notice  of  the  filing  of  such  revised  and  corrected 
report,  by  advertisement  for  ten  days  in  at  least  two  of  the 
public  newspapers  published  in  said  city,  and  any  person 
interested  in  such  revised  and  corrected  report,  or  in  any 
subsequent  revised  and  corrected  report,  made  by  such  com- 
missioners, aggrieved  thereby,  may  have  a  trial  by  jury 
before  said  court,  upon  his  objections  thereto,  and  upon 
written  application  to  said  court  within  twenty  days  after 
such  revised  and  corrected  report  shall  be  filed  in  said  court, 
whether  or  not  such  person  shall  have  filed  theretofore  with 
the  clerk  of  said  court  a  notice  in  writing  of  his  intention  to 
claim  a  jury  trial,  and  whether  or  not  such  person  shall  have 
made  application  for  a  jury  trial  as  provided  by  said  acts  : 
proiided^  however,  that  no  person  shall  have  the  benefit  of 
this  act,  whose  loss  and  damage,  if  any,  over  and  above 
the  benefit  and  advantage,  or  whose  benefit  and  advantage. 


Of  the  laying  out, 
enlarging,  or  straight- 
ening of  streets. 


Revised  report  of 
commissioners. 


Proceedings  on 
revised  report. 


No  person  to  hare 
benefit  of  this  act 
whose  status  is  not 
altered. 


258 


HIGHWAYS. 


Operative  clause. 


if  any,  over  and  above  the  loss  and  damage,  or  whose  appor- 
tionment and  assessment  for  benefits  conferred,  or  whose 
status  by  and  under  the  proceedings  and  doings  under  said 
acts,  is  not  altered  by  such  revised  and  corrected  report. 

Sec.  2.     This   act  shall    take  effect  from   and   after  its 
passage. 


Chapter  666 

of  May  23,  1899. 


Owners  of  lands 
abutting  upon  a  high- 
way ordered  aban- 
doned, are  entitled  to 
compensation  for  any 
damages  sustained. 


Town  council  to 
give  notice  to  persons 
interested,  of  inten- 
tion to  abandon. 


Notice  how  given. 


AN  ACT  RELATING  TO  THE  ABANDONMENT  OF  HIGH- 
WAYS, BEING  AN  ACT  IN  AMENDMENT  OF  AND  IN 
ADDITION  TO  CHAPTER  71  OF  THE  GENERAL  LAWS, 


"OF    LAYING 
DRIFTWAYS." 


OUT    AND    MAKING    HIGHWAYS    AND 


Section 

1.  Owners  of  land  abutting  on  a  high- 
way ordered  abandoned,  entitled 
to  compensation  for  damages  sus- 
tained thereby. 


Section 

2.  Town  council  to  give  notice  to  per- 

sons    interested    of    intention     to 
abandon;  notice  how  given. 

3.  Of  appeal  from  award  of   damages. 

4.  Operative  clause. 


//  is  enacted  by  the  General  Asse^nbly  as  follows : 

Section  1.  The  owners  of  lands  abutting  upon  a  high- 
way or  driftway  in  any  town  shall  be  entitled,  upon  the 
abandonment  of  such  highway  or  driftway  either  wholly  or 
in  part,  to  receive  compensation  from  the  town  for  the 
damages,  if  any,  sustained  by  them  by  reason  of  such  aban- 
donment ;  and  the  town  council,  whenever  it  abandons  the 
whole  or  any  part  of  a  public  highway  or  driftway,  shall  at 
the  same  time  appraise  and  award  such  damages. 

Sec.  2.  Every  town  council,  before  proceeding  to  abandon 
any  highway  or  driftway  or  any  part  thereof,  shall  give  notice 
to  the  owners  of  the  lands  abutting  upon  any  part  of  such 
highway  or  driftway  within  the  town,  to  appear,  if  they  see 
fit,  and  be  heard  for  or  against  such  abandonment,  and  as 
to  the  damage,  if  any,  which  they  will  sustain  thereby. 
Such  notice  shall  be  given  by  advertisement  once  a  week 
for  three  successive  weeks  next  prior  to  the  meeting  of  the 
town  council  at  which  such  abandonment  is  to  be  first  con- 
sidered, in  some  daily  or  weekly  newspaper  printed  in  English 
and  published  in  the  town  ;  or,  if  there  be  no   such   news- 


HIGHWAYS. 


259 


paper  published  in  the  town,  then  in  some  such  daily  or 
weekly  newspaper  published  in  the  nearest  town  in  which 
such  newspaper  is  published ;  and  a  further  and  personal 
notice  shall  be  served  upon  every  person  known  to  reside 
within  this  state,  who  is  an  owner  of  land  abutting  upon  that 
part  of  such  highway  or  driftway  which  it  is  proposed  to 
abandon. 

Sec.  o.  Any  person  aggrieved  by  any  order  or  decree 
of  the  town  council  abandoning  a  highway  or  driftway  or 
any  part  thereof,  or  awarding  damages  on  such  abandon- 
ment, may  appeal  from  such  order  or  decree  to  the  supreme 
court  within  the  time  and  in  the  manner  provided  by  Chapter 
248  of  the  General  Laws  with  reference  to  appeals  from 
town  councils. 

Sec.  4.     This  act  shall  take  effect  immediately. 


Of  appeal  from 
award  of  damages. 


Operative  clause 


AN   ACT  AUTHORIZING   THE    COMMISSIONER   OF    PUB-    nhaDtfir   1  1 02 
Lie  WORKS   TO   PERMIT   THE    PLANTING    OF  SHADE  ^ 

TREES    IN    THE    STREETS,    LANES,    AND    HIGHWAYS 
IN  THE  CITY  OF  PROVIDENCE. 


of  April  29,  1892. 


Section 

1.  Trees  in  public  highways,  license  for  ; 
trees  private  property  ;  when  trees 
may  be  removed ;  appeal  from  de- 
cision of  commissioner  of  public 
works  to  remove  trees. 


Section- 

2.  Damages   for  destruction    or    injury 

of  trees. 

3.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.  The  commissioner  of  public  works  in  the  Trees  in  public  high- 
city  of  Providence  is  authorized  and  empowered  to  author-  "'^^'^'  ''""^^  ^°''' 
ize  any  person  or  persons  to  plant  and  transplant  trees 
for  shade  or  otherwise  in  front  of  land  owned  by  such  per- 
son or  persons  in  any  of  the  streets,  lanes,  and  highways 
of  the  city  of  Providence,  whenever  and  wherever  in  his 
judgment  it  will  not  interfere  with  the  public  travel,  and 
whenever  it  will  not  interfere  with  the  private  rights  of  abut- 
ting owners.  All  shade  trees  now  standing  in  such  streets, 
lanes,  and  highways,  and  all  trees  planted  therein  pursuant 
to  a  license  given  by  such   commissioner,  shall  be  deemed 


Trees  private 
property. 


260 


HIGHWAYS. 


and  taken  to  be  the  private  property  of  the  person   or  per- 
sons owning  the  land   in  front  of   which   they  now  stand  or 
When  tiees  may       ^lay  be  planted,  and  shall  not  be   deemed   a   nuisance,  but 

be  removed.  j  r  j  ; 

said  commissioner  of  public  works  may  cause  such  trees  to 
Appeal  from commis-   \)q  removcd  from  Said  street,  land,  or  hisrhway  whenever  he 

sioner  s  decision.  '  '  o  j 

deems  that  public  necessity  requires  such  removal:  provided, 
that  ten  days'  notice  in  writing  shall  be  given  by  said  com- 
missioner to  the  owner  or  owners  of  any  such  tree  of  his 
intention  to  remove  the  same,  and  if  the  owner  or  owners 
shall,  within  ten  days,  file  with  the  board  of  aldermen  of 
said  city  an  objection,  in  writing,  to  such  removal,  no  such 
tree  shall  be  so  removed  except  by  order  of  said  board. 

Sec.  '2.  Whoever  negligently,  carelessly,  or  wilfully 
suffers  a  horse  or  other  animal  driven  by  or  for  him,  or  a 
beast  belonging  to  him,  to  break  down,  injure  or  destroy  a 
tree  not  his  own.  standing  on  or  adjoining  to  any  street, 
lane,  or  highway,  or  in  any  public  park  in  said  city,  or  who 
shall  wilfully  or  negligently,  by  any  means  whatever, 
break  down,  destroy  or  injure  any  such  tree,  shall  be  sub- 
ject to  an  action  for  damages  at  the  suit  of  the  owner  or 
owners  of  such  tree,  or  of  the  owner  or  tenant  of  the  land 
upon  or  in  front  of  which  such  tree  stands  or  may  have 
stood. 

Sec.  3.  This  act  shall  take  effect  upon  its  passage  ;  and 
all  acts  and  parts  of  acts  inconsistent  herewith  are  hereby 
repealed. 


Damages  for  de- 
struction or  injury  of 
trees. 


Operative  clause. 


Chapter  1236 

of  May  4,  1893. 


AN  ACT  AUTHORIZING  THE  CITY  OF  PROVIDENCE  TO 
REGULATE  THE  USE  OF  CERTAIN  PORTIONS  OF  ITS 
HIGHWAYS. 

Section 

1.  City  council  to  cause  portion  of  Elm- 
wood  avenue  to  be  turfed ;  other 
streets  may  be  similarly  treated. 


Section 
2.  Operative  clause. 


It  is  enacted  by  the  General  Assembly  as  foUoivs  : 


be  turfed. 


Section  1.  The  city  of  Providence  is  hereby  authorized 
by  ordinance  to  cause  such  portions  as  shall  be  determined 
by  the  city  council,  of  Elmwood  avenue,  and  of  other  streets, 


HIGHWAYS. 


261 


highways,  places  and   squares   in   the    city   of    Providence, 

between  the  central  or  main  traveled  roadway   and  the  out-  Other  streets  maybe 

side  lines  of  such  highways,  to  be  turfed,  and  by  ordinance 

to   prohibit  travelers   with   horses,  teams   or  vehicles   from 

riding  or   driving  upon   the  portions  of  such  highways  so 

turfed,  excepting   at   street  crossings,  and   to   enforce  such 

prohibition   by  appropriate  penalties   to  be  prescribed  by 

ordinance. 

Sec.  2.     This  act   shall   take    effect   from   and   after  its      Operative  clause, 
passage. 


AN  ACT  IN  RELATION  TO  WATERING  STREETS  IN  THE 
CITY  OF  PROVIDENCE. 


Section 

1.  Commissioner  of  public  works  to 
cause  streets  to  be  watered,  when  ; 
cost  thereof  to  be  assessed  on 
estates  benefited. 


Section 

2.  Assessments  for  street  watering,  how- 

collected. 

3.  Operative  clause. 


Chapter  1337 

of  June  13,  1894. 


//  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.     Upon    the    petition   of    the   owners   of    the      Commissioner    of 

.  public  works  to  cause 

majority  of  the  land,  measured  by  the  front  foot,  abutting  on   streets  to  be  watered, 

,.  .  ^.,.._^.       when. 

any  public  street  or  any  portion  thereof  in  the  city  of  Provi- 
dence, the  city  council  of  said  city,  in  any  year  and  from  year 
to  year,  shall  have  power  to  direct  the  commissioner  of  public 
works  of  said  city  to  cause  such  street  or  portion  thereof  to 
be  sprinkled  with  water  for  the  ensuing  dry  season,  not 
exceeding  seven  months  ;  and  said  commissioner  shall  there- 
upon cause  the  same  to  be  watered  and  shall  assess  the  cost  cost  thereof  to  be 
■thereof,  exclusive  of  the  water  used,  upon  the  estates  bene-  ^*^  ^  "  °'"' 
fited  thereby  in  the  ratio  of  the  benefits  conferred,  but  each 
estate  abutting  on  such  street  or  portion  thereof  shall  be 
assessed  an  amount  proportionate  to  the  number  of  linear 
feet  of  such  estate  upon  such  street  or  portion  thereof,  and 
with  regard  to  the  varying  width  of  the  same,  if  any,  so 
watered. 

Sec  2.     Said  assessments  shall  be  certified  by  said  com-     Assessments,  how 
missioner  to  the  city  treasurer  of  said  city   for   collection. 
Said   treasurer  shall   thereupon  give   notice  by   publication 
that  the  assessments  on  such   street  or  portion  thereof  so 


262  HIGHWAYS. 

watered  have  been  made,  and  shall  thereafter  collect  the 
same  in  the  same  manner  and  at  the  same  time  as  the  annual 
taxes  assessed  upon  real  estate  in  said  city,  and  the 
assessment  upon  any  estate  shall  be  a  lien  upon  such  estate 
from  the  time  the  same  is  certified  and  lodged  with  said  city 
treasurer.  Any  person  aggrieved  by  any  such  assessment 
may,  within  thirty  days  from  the  time  of  the  publication  of 
said  notice,  appeal  therefrom  to  the  common  pleas  division 
of  the  supreme  court  to  be  holden  within  and  for  the  county 
of  Providence,  by  giving  notice  in  writing  to  said  city  treas- 
urer of  a  claim  of  appeal,  and  by  giving  bond  to  the  city 
treasurer  in  the  sum  of  one  hundred  dollars,  with  sureties 
satisfactory  to  the  city  treasurer,  to  prosecute  his  appeal  with 
effect,  or  in  default  thereof  to  pay  all  costs  which  shall 
accrue  to  the  city.  Such  person  appealing  shall  file  within 
thirty  days  after  giving  said  bond  his  reasons  of  appeal, 
together  with  a  copy  of  the  proceedings  appealed  from,  in 
the  clerk's  office  of  said  court  ;  and  every  person  appealing 
who  shall  fail  to  have  such  assessment  reduced  on  appeal, 
shall  be  adjudged  to  pay  the  costs  of  suit,  and  the  city  treas- 
urer shall  proceed  to  collect  such  assessment  as  if  such 
appeal  had  not  been  taken,  but,  if  on  trial  in  the  appellate 
court,  the  appellant  shall  succeed  in  having  such  assessment 
reduced,  he  shall  recover  costs,  and  the  city  treasurer  shall 
collect  from  him  only  so  much  of  said  assessment  as  shall 
have  been  found  on  appeal  to  be  due  from  the  appellant. 
Operative  clause.  Sec.  3.     Nouc  of  the  powers  already  conferred  upon  said 

commissioner  of  public  works  by  general  law  or  special 
statute  shall  be  abrogated  or  diminished  by  this  act ;  and 
this  act  shall  take  effect  from  and  after  its  passage. 


HIGHWAYS. 


263 


of  June  13,  1900. 


AN  ACT  AUTHORIZING  THE  CITY  Of^  PROVIDENCE  TO      Q^gplgf  JQQ 
BORROW  NOT  EXCEEDING  TWO  HUNDRED  THOUSAND 
DOLLARS    FOR  THE   LAY    OUT   AND  BUILDING  OF  A 
NEW    STREET    FROM    MARKET    SQL- ARE    OR    SOUTH 
WATER  STREET  TO  PROSPECT  STREET. 


Section 

1.  City    council    autliorized   to    borrow 

#•200,000. 

2.  Provision     for     sinking     fund     and 

interest. 


Section 

3-  Money  to  be  exclusively  used  for 
laying  out  a  new  street  from  Market 
Square  or  South  Water  street  to 
Prospect  street. 

4.  Operative  clause. 


It  is  enacted  by  the  General  Assembly  as  follows : 

Section  1.  The  city  of  Providence  is  hereby  authorized 
to  borrow  not  exceeding  two  hundred  thousand  dollars,  and 
to  issue  its  notes  and  bonds,  or  either,  for  the  same,  for  such 
time  and  in  such  amounts  as  may  be  fixed  by  the  city  coun- 
cil of  said  city. 

Sec.  2.  The  city  council  shall  annually  appropriate, 
until  said  notes  or  bonds  are  paid  in  full,  besides  a  sufficient 
sum  to  pay  the  interest  thereon,  a  sum  to  be  placed  as  a 
sinking  fund  sufficient  for  the  redemption  of  said  notes  and 
bonds  when  due,  and  all  premiums  arising  from  the  sale  of 
said  notes  and  bonds  shall  be  placed  to  the  credit  of  said 
sinking  fund. 

Sec.  3.  All  moneys  raised  by  the  provisions  of  this  act 
shall  be  exclusively  used  and  expended  for  the  purpose  of 
the  layout  and  building  of  a  new  street  from  Market  Square 
or  South  Water  street  to  Prospect  street  in  said  city. 

Sec.  4.  This  act  shall  take  effect  from  and  after  its 
passage. 


City  authorized   to 
borrow  $200,000. 


Provision  for  sinking 
fund  and  interest. 


Money  to  be  ex- 
clusively used  for  a 
new  street  from 
Market  Square  or 
South  Water  St.  to 
Prospect  St. 


Operative  clause. 


264 


HIGHWAYS. 


ChaotGr  87G    ^^'  ^^'^^  authorizing  the  city  of  providence  to 

•^  HIRE  THE  SUM  OF  ONE  HUNDRED  AND  FIFTY  THOU- 

of  March  29,  1901. 

SAND  DOLLARS  FOR   HIGHWAY  PURPOSES. 


Section 

1.  City  of  Providence  authorized  to  hire 
5150,000  for  highway  purposes. 


Section 

2.  Sinking  fund. 

3.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  follows  : 
City  of  Provideiice        SECTION  1.     The  citv  of  Providcnce  is  hereby  authorized 

authorized     to     hire 

$150,000  for  highway   and  empowered  to  hire,  from  time  to  time,  not  exceeding  the 

purposes. 

sum  of  one  hundred  and  fifty  thousand  dollars,  to  be  exclu- 
sively used  and  expended  for  highway  purposes,  and  to 
issue  its  notes  and  bonds,  or  either,  therefor,  for  such  time 
and  in  such  amounts  as  may  be  fixed  by  said  city  council 
thereof,  and  such  notes  may  be  renewed  from  time  to  time 
as  the  same  become  due. 
Sinking  fund.  Sec.  2.     The  city  council    shall   annually  appropriate,  so 

long  as  said  notes  or  any  renewals  of  the  same,  or  said 
bonds,  are  outstanding,  besides  a  sum  to  pay  the  interest 
thereon,  a  sum  to  be  placed  as  a  sinking  fund  sufficient  for 
the  redemption  of  said  notes,  or  any  renewals  of  the  same, 
and  said  bonds,  within  thirty  years  from  the  date  of  the 
issue  thereof ;  and  all  premiums  arising  from  the  sale  of 
said  notes  and  bonds  shall  be  placed  to  the  credit  of  said 
sinking  fund. 
Operative  clause.  Sec.  3.     This    act   shall    take  effect  from  and   after  its 

passage. 


265 


MUNICIPAL  INDEBTEDNESS. 


OF  THE  POWERS  OF,  AND  OF  SUITS  BY  AND  AGAINST, 
TOWNS. 


Section 

20.  Outstanding    obligations   to    be  ful- 
filled. 


Section 

21.  Limitation  of  indebtedness. 

22.  Limitation  of  taxes. 


General  Laws 

Chapter  36 
re-enacting 

Chapter  666 

of  April  10,  1878. 


Limitation  of  in- 
debtedness. 


Section  20.    The  outstanding  notes,  bonds,  and  contracts     Outstanding  obliga- 
tions to  be  fulfilled. 

of  towns  shall  be  paid  and  be  fulfilled  according  to  the  tenor 
thereof,  and  all  public  works  now  authorized  to  be  prosecuted 
shall  be  prosecuted,  and  all  indebtedness  now  authorized  to 
be  incurred  on  account  thereof  may  be  incurred,  according 
to  the  tenor  of  the  authority  therefor. 

Sec.  21.  No  town  shall,  without  special  statutory  author- 
ity therefor,  incur  any  debt  in  excess  of  three  per  centum  of 
the  taxable  property  of  such  town,  including  the  indebted- 
ness of  such  town  on  the  tenth  day  of  April,  one  thousand 
eight  hundred  seventy-eight ;  but  the  giving  of  a  new  note 
or  bond  for  a  pre-existing  debt,  or  for  money  borrowed  and 
applied  to  the  payment  of  such  pre-existing  debt,  is  excepted 
from  the  provisions  of  this  section,  and  the  amount  of  any 
sinking  fund  shall  be  deducted  in  computing  such  indebted- 
ness. 

Sec.  22.  No  town  shall  assess  its  ratable  property  in 
any  one  year  in  excess  of  one  per  centum  of  its  ratable 
value,  except  for  the  purpose  of  paying  the  indebtedness  of 
such  town  or  the  interest  thereon,  or  for  appropriations  to 
any  of  the  sinking  funds,  or  for  extraordinary  repairs  for 
damages  caused  by  the  elements ;  but  assessments  for 
specific  benefits  conferred  by  the  opening  or  improving  of 
any  public  highway,  or  for  any  public  sewer,  shall  not  be 
taken  to  be  within  the  provisions  of  this  section. 
34 


Limitation  of  taxes. 


266  MUNICIPAL    INDEBTEDNESS. 

On  April  10,  1878,  the  General  Assembly  by  the  forego- 
going  act  fixed  a  limitation  to  Municipal  Indebtedness 
without  special  authority.  The  debt  of  the  City  of  Provi- 
dence then  existing  exceeded  that  limitation,  and  since  that 
date  the  City  has  had  no  power  to  incur  indebtedness  (not 
otherwise  authorized  by  the  General  Assembly),  except  by 
special  statutory  authority,  obtained  from  time  to  time. 

In  this  period  of  twenty-three  years  there  have  been 
passed  by  the  General  Assembly,  more  than  lifty  enabling 
statutes  authorizing  the  City  to  incur  indebtedness,  or  to 
appropriate  money,  for  specific  purposes.  Many  of  the 
statutes  have  become  obsolete  by  the  entire  accomplishment 
of  the  purpose  for  which  they  were  obtained ;  and  many 
others  have  become  obsolete  by  the  entire  exhaustion  of 
the  powers  conferred  and  the  adoption  of  ordinances  or 
resolutions  by  which  the  powers  have  been  exercised  and 
the  money  thus  borrowed  expended.  A  few  of  these  sta- 
tutes have  not  yet  been  acted  upon  by  the  City  Council  and 
will  be  found  printed  in  full  in  appropriate  sections  of 
this  book.  To  reprint  the  many  obsolete  statutes,  which 
are  rarely  consulted,  would,  it  is  believed,  have  been  of  little 
practical  value. 

Another  reason  for  omitting  the  text  of  the  obsolete 
statutes  is  that,  of  themselves,  they  do  not  reveal  the  pres- 
ent conditions  of  the  Municipal  Indebtedness,  of  which 
they  furnished  the  origin ;  and  present  conditions  of  the 
City  debt  are  of  paramount  importance.  These  conditions, 
changing  from  time  to  time,  can  always  be  ascertained  from 
the  quarterly  reports  of  the  Commissioners  of  Sinking 
Pounds,'  and  from  the  annual  report  of  the  City  Auditor. 

The  following  classified  lists  show  the  statutes  under 
which  the  City  has  been   authorized  to  incur  indebtedness  : 


MUNICIPAL    INDEBTEDNESS. 


267 


WATER  SUPPLY  BONDS. 


Chap. 

] 

Date 

640 

March 

8, 

1866 

784 

March  12, 

1869 

897 

Jan'y 

:^4, 

1871 

941 

March 

:^4, 

1871 

967 

Jan'y 

25, 

1872 

430 

FebV 

16, 

1875 

528 

April 

1-, 

1876 

573 

June 

1-t, 

1876 

577 

April 

30, 

1886 

945 

April 

30 

1891 

1226 

March 

2. 

1893 

764 

April 

12 

1900 

Amount 
Authorized. 

Purpose  of  Loan. 

12,000,000 

Paid,  or  refunded. 

2,000,000 

Paid,  or  refunded. 

Land /damages.     See  page  38. 

Immedia'te  right  of  action. 

Provides  that  bonds  under  Chaps. 

1,000,000 

640  and  784  may  be  paid  in  gold. 

1,000,000 

Provides  that  bonds  under  Chaps. 

430  and  528  maybe  paid  in  gold. 

500,000 

500,000 

Misprinted  1400,000  in  public  laws. 

500,000 

2,700,000 

Refunded  $2,666,000  of  bonds  issued 
under  Chaps.  640  and  784,  above. 

268 


MUNICIPAL    INDEBTEDNESS. 
SEWER   BONDS. 


Chap. 

Date. 

Amount 
Authorized. 

Purpose  of  Loan. 

483 

Feb'y 

18,  1875 

$1,000,000 

Paid.     See  Chap.  1404,  below. 

384 

June 

1,  1883 

2,000,000 

942 

April 

30,  1891 

2,000,000 

1231 

March 

2,  1893 

1,500,000 

1404 

Feb'y 

28,  1895 

165,000 

Refunded    $91,000    of    City    Hall 
and  Sewer  Loan.    Compare  Mis- 
cellaneous Loans,  page  272. 

HIGHWAY  BONDS. 


MUNICIPAL    INDEBTEDNESS. 


269 


SCHOOL   BONDS. 


270 


MUNICIPAL    INDEBTEDNESS. 


PARK   BONDS. 


Chap. 

Date. 

873 

April 

25, 

1890 

943 

April 

30, 

1891 

993 

May 

28, 

1891 

lUlS 

July 

•2-t, 

1891 

1229 

March 

'^, 

1893 

1230 

April 

19, 

1893 

1291 

May 

1, 

1894 

1401 

May 

22, 

1895 

1409 

May 

22, 

1895 

305 

April 

28, 

1896 

425 

Oct. 

2, 

1896 

427 

Oct. 

1896 

525 

Feb'y 

1(3, 

189S 

875 

March  29, 

1901 

Amount 
Authorized. 


$75,000 
500,000 


Purpose  of  Loan. 


100,000 
300,000 
100,000 
150,000 


150,000 

15,000 
10,000 


To  i^archase  Thos.  Davis  estate. 
To  purchase  land  for  parks. 

Bonds    under  Chap.   943    shall  be 

payable  in  gold. 
To  condemn  land  adjoining  Roger 

Williams  Park  for  park  pui'poses. 
For  improA'ement  of  Davis  Park. 

For  improvement  of   Roger  Wil- 
liams and  Blackstone  Parks. 
For  the  purchase  of  land  for  parks. 

To  purchase  land  for  parks. 

To  condemn  certain  lots  of  land  for 

park  purposes. 
Amends  Chap.  1229  authorizing  the 

purchase  of  land  for  Davis  Park. 
For    completing    work    on    Roger 

AYilliams  and  Blackstone  Parks, 

and  Parkway.     See  page  278. 
Casino  at  Roger  Williams  Park. 

Furnishing  and  decorating  Casino. 

Amends  Chap.  425  by  authorizing 
the  purchase  of  laud  for  Black- 
stone Park.     See  page  279. 


MUNICIPAL    INDEBTEDNESS. 
MISCELLANEOUS  LOANS. 


271 


Date. 


June  15,  1855 
Sept.  6,  1862 
March  12,  1868 
June  10,  1868 
April  11,  1872 
March  14,  1873 
Feb'y  19,  1875 
April  13,  1875 
April  12,  1878 
May  30,  1878 
March  22,  1882 
April  21,  1882 
March  28,  1883 
Feb'y  15,    1884 

May       6,    1887 

875      March  11,    1890 


Feb'y  28,    1888 
May     31,    1888 


Amount 
Authorized. 


$600,000 
500,000 

125,000 
000,000 

800,000 

350,000 

700,000 

75,000 


30,000 
450,000 


Purpose  of  Loan. 


Debt  of  the  City.     Paid. 

Civil  War  Expenses.     Paid. 

Registration  of  bonds.  See  page  20. 

Point  Street  Bridge.     Paid. 

Springfield  Railroad.     Paid. 

Board  of  Commissioners  of  Sink- 
ing-funds.    See  page  20. 
City  Hall.     Paid. 

Amends  preceding  Chap.  436.  See 
also  Chap.  1404,  below. 

City  Hall,  High  School,  and  dredg- 
ing Cove  Basin.     Paid. 

Balance  of  indebtedness.     Paid. 

Harbor  imj)rovement.     Paid. 
State  tax.     See  page  21. 
Washington  Bridge. 

Amends  Chap.  349  of  1883,  pro- 
viding for  the  building  of  Wash- 
ington Bridge. 

Amends  Chap.  349  and  provides 
for  payment  by  the  city  of  Wash- 
insrton  Bridsce. 

Commissioners  to  award  damages 
by  the  construction  of  Washing- 
ton Bridge. 

P'or  ]ilacing  City  wires  underground 

in  close  Fire  District. 
To  till  in  Cove  Basin. 


272 


MUNICIPAL    INDEBTEDNESS. 
MISCELLANEOUS    LOANS,    Continued. 


March  22,  1893 
May  30,  1890 
May  29,  1891 
May     26,    1899 

June      3,  1892 

May     25,  1893 

June    12,  1894 

May       6,  1898 

Feb'y  28,  1895 

Oct.  2,  1896 

April  20,  1897 

May  6,  1898 

Feb'y  21,  1899 

May  14,  1897 

May  6,  1898 

May  25,  1899 

June  13,  1900 

June  13,  1900 


Amount 
Authorized. 


$200,000 
150,000 
450,000 

100,000 
50,000 


165,000 

70,000 
320,000 


Purpose  of  Loan. 


25,000 

20,000 

347,000 

200,000 

4<»,000 


Amends  preceding  Chap.  722. 

To  purchase  a  site  for  State  House. 

Retaining  wall  from  Hill's  Wharf  to 
Sassafras  Point.       See  page  224. 

Amends  preceding  Chap.  997  by 
providing  for  general  improve- 
ment of  Providence  Harbor.  See 
page  224. 

For  new  Central  Police  Station. 

For  new  Central  Police  Station. 

To  hire  necessary  amount  for  build- 
ing Red  Bridge. 
Amends  preceding  Chap.  1332. 

Refunded  ^^91,000  of  City  Hall  and 
Sewer  Loan.  Compare  Sewer 
Bonds,  page  268. 

To  buy  land  on  Eddy  St.  adjoin- 
ing City  Yard. 

For  rebuilding  Weybosset  bridge 
and  river  walls. 

Amends  Chap.  482  by  authorizing 
additional  bridge  work. 

Amends  Chap.  4S2  by  authorizing 
construction  of  Mill  St.  bridge  and 
the    lay  out  of  Exchange  Place. 

Central  Fire  Alarm  system. 

For  ])lacing  fire  alarm  wires  under- 
ground.     Paid. 
Johnston  Annexation  Debt. 

For  Central  and  other  Fire  Stations. 

For  Police  Station  7th  District. 


273 


NORTH  BURIAL  GROUND. 


AN  ACT  IN  RELATION  TO  THE  NORTH  BURIAL  GROUND 
IN  THE  CITY  OF  PROVIDENCE. 


Section 

1.  Any  person  may  by  deed  or  will  con- 
stitute a  trust  fund,  the  income  to 
be  used  for  improvement  of  a  burial 
lot  or  erection  of  a  monument  in 
the  North  Burial  Ground. 

2  Such  property,  after  acceptance  by 
city  council,  shall  vest  in  commis- 
sioners of  the  North  Burial  Ground; 
frovided  such  property  shall  be 
liable  for  debt  of  insolvent  testator. 


Section 

3.  The  commissioners  of  the  North 
Burial  Ground  shall  expend  sur- 
plus, after  specific  use,  to  general 
improvement  of  the  North  Burial 
Ground. 

■1.  Commissioners  shall  keep  regular 
accounts  with  each  of  such  trusts, 
and  report  each  year. 

5.  This  act  made  subject  to  future  action 
of  general  assembly. 


//  is  enacted  by  the  General  Assetnbly  as  follows  : 

Section.  1.  Any  person  may  by  deed  or  will  give, 
bequeath,  or  devise  to  the  commissioners  for  the  time  being 
of  the  North  Burial  Ground,  in  the  city  of  Providence,  and 
their  successors  in  office,  any  property  or  estate,  real  or 
personal,  to  be  applied  to  the  improvement  of  any  burial 
lot,  or  the  construction  of  a  monument  or  other  structure 
for  a  memorial  to  the  dead  in  said  ground,  or  for  the  pur_ 
pose  of  constituting  a  fund  to  be  held  in  perpetual  trust  ; 
so  that  the  income  thereof  may  be  applied  continually  for 
the  preservation  and  care  of  any  such  burial  lot  or  monu- 
mental structures  therein,  as  in  and  by  such  deed  or  will 
may  be  directed  or  declared  to  be  the  object  of  the  creation 
of  such  trust;  and  it  shall  be  lawful  for  the  commissioners 
of  said  burial  ground,  for  themselves  and  their  successors 
in  office,  to  accept  a  deed  or  devise  of  any  burial  lot  or  lots 
in  said  burial  ground  from  any  owners  thereof,  the  same  to 
be  held  by  said  commissioners  and  their  successors  in  office, 
in  trust  for  the  purpose  of  burial  of  such  persons  only  in 
such  lot  or  lots  as  shall  be  designated  and  directed  by  the 
grantor  in  any  deed  or  by  the  testator  in  any  will. 
35 


Chapter  367 


ot  March  8,  IbGl. 


Trust  may  be  con- 
stituted for  lots  or 
monuments  in  the 
North  Burial  Ground. 


Act  of  1895,  Ch.  1410. 


2T4 


NORTH    BURIAL    GROUND. 


Gifts  to  vest  in  tlie 
commissioners  of  the 
North  Burial  Ground. 


Shall  not  be  exempt 
from  application  to 
debts  of  an  insolvent 
testator. 


Surplus  of  income 
may  be  applied  to  the 
improvement  of  the 
North  Burial  Ground. 


Commissioners    to 
keep  accounts. 

Act  of  1889,  Ch.  781, 
page  275. 

To  make  statement 
to  city  council. 

Act  of  18()5,  Ch.  57-2 


This  act  may  be 
amended. 


Sec.  2.  In  every  case  of  such  gift,  bequest,  or  devise, 
the  property  so  given,  bequeathed,  or^devised,  shall,  upon  the 
execution  of  such  deed,  or  upon  probate  of  the  will  contain- 
ing the  same,  and  the  acceptance  thereof  by  the  city  coun- 
cil of  the  city  of  Providence  hereinafter  provided  for,  vest 
in  the  commissioners  for  the  time  being  of  said  North  Burial 
Ground,  and  shall  pass  from  time  to  time  to  their  successors 
in  office,  as  the  same  are  appointed  and  qualified,  and  shall 
not  be  subject  to  the  general  laws  of  descent  or  distribution  : 
provided,  that  nothing  in  this  act  contained  shall  be  con- 
strued to  exempt  any  such  estate  or  property  so  bequeathed 
or  devised  from  being  taken  and  applied  for  the  payment  of 
the  debts  of  the  person  so  settling  the  same,  in  case  the 
other  estate  or  property  held  by  any  such  testator  at  the 
time  of  his  decease  shall  be  insufficient  therefor,  in  the  same 
manner  as  if  this  act  had  not  been  passed  ;  and  provided 
also,  that  no  such  deed  or  gift,  devise  or  bequest,  shall  take 
effect  until  accepted  by  vote  of  the  city  council  of  said 
city  of  Providence. 

Sec.  3.  If  the  value  of  any  such  gift,  devise  or  bequest, 
or  the  annual  income  thereof,  shall  exceed  the  cost  of  the 
expenditures  by  said  commissioners  in  the  faithful  execution 
of  the  conditions  and  directions  for  tlie  use  and  appropri- 
ation thereof,  the  surplus,  if  any,  shall  be  applied  by  said 
commissioners  to  the  general  improvement  and  preservation 
of  the  fences,  avenues,  trees,  and  shrubbery  of  said  North 
Burial  Ground. 

Sec.  4.  Said  commissioners  shall  keep  regular  accounts 
of  the  capital,  income,  and  annual  disbursements  of  each  of 
said  trust  estates  and  property,  and  *  *  *  * 
once  in  each  and  every  year  shall  make  a  detailed  statement 
of  said  accounts  to  the  city  council  of  said  city  at  such 
time  and  in  such  form  as  said  city  council  may  from  time  to 
time  prescribe,  showing  the  amounts  expended,  and  the 
balances  remaining  on  hand  of  the  several  trust  funds  ; 
*  *  *  but  no  emolument  shall  be  paid  to  said  commis- 
sioners for  performing  the  duties  contemplated  by  this  act. 

Sec.  5.  This  act  shall  be  subject  to  all  future  acts  of 
the  general  assembly  in  amendment  or  repeal  thereof. 


NORTH    BURIAL    GROUND. 


275 


AN   ACT    IN  AMENDMENT   OF  AN  ACT   ENTITLED    "AN      Ql^anfgf  79] 
ACT  IN  RELATION  TO  THE  NORTH  BURIAL  GROUND 
IN    THE    CITY    OF    PROVIDENCE "  AND  ALL  ACTS  IN 
AMENDMENT  THEREOF  AND  IN  ADDITION  THERETO. 


of  April  25,  1889. 


Section 

1.  Commissioners   of  die  North    Burial 

Ground  to  pay  over  perpetual  care 
funds  to  the  commissioners  of  sink- 
ing funds  ;  income  how  paid  over. 

2.  Superintendent  of  the  North   Burial 

Ground  to  give  bonds. 


Section 

3.  Payments  to  be  made  to  treasurer. 

4.  Chairman  of  committee  of  city  coun- 

cil on  North  Burial  Ground  to  be 
ex-oflScio  a  commissioner  of  the 
North  Burial  Ground. 

5.  Operative  clause. 


It  is  enacted  by  the  General  Assernbly  as  follows  : 


The    commissioners   of    the    North    Burial       Commissioners  of 

North  Burial  Ground 


Section  1. 
Ground  shall   pay  over  or  transfer  to  the  commissioners  of  to  pay  over  moneys 

'■      •'  to    commissioners    of 

sinking  funds  of  the  city  of  Providence  the  perpetual  care  sinking  funds. 
funds  by  them  now  held.  And  shall  also  pay  over  to  said 
commissioners  of  sinking  funds,  upon  the  receipt  thereof, 
such  perpetual  care  funds  as  may  hereafter  come  into  their 
hands,  possession,  and  control ;  and  said  funds  so  paid  over 
or  transferred,  shall  be  invested  and  reinvested  by  said  com- 
missioners of  sinking  funds  in  their  discretion,  together  with 
any  unexpended  income  therefrom,  and  that  said  commis- 
sioners of  sinking  funds  shall  pay  over  to  the  commissioners 
of  the  North  Burial  Ground,  whenever  required  by  said 
commissioners  of  the  North  Burial  Ground,  all  the  income 
arising  out  of  or  from  said  invested  funds. 

Sec,  2.     The  city  council  of  the  city  of  Providence    is       Superintendent  of 

■^  ,  .  ,  ■  y  t     North  Burial  Ground 

authorized  and  empowered  to  require  the  superintendent  of  to  give  bonds. 
the  North  Burial  Ground  to  give  bonds  to  the  city  of  Provi- 
dence, conditioned  that  he  shall  deposit  all  moneys  received 
by  him  in   his  said  capacity  with   the  city  treasurer  of  said 
city. 

Sec,  3,  All  payments  for  the  maintenance  and  improve- 
ment of  the  North  Burial  Ground  shall  hereafter  be  made 
by  the  city  treasurer  upon  the  approval  of  the  bills  there- 
for by  the  joint  committee  on  North  Burial  Ground  of  the 
city  council  of  said  city,  or  the  commissioners  of  the 
North  Burial  Ground,  as  may  be  directed  by  ordinance  of 
the  city  council. 


Payments  to  be  made 
to  city  treasurer. 


276 


NORTH    BURIAL    GROUND. 


Chairman  of  com- 
mittee on  North  Bur- 
ial Ground  to  be  a 
commissioner. 


Operative  clause. 


Sec.  4.  The  chairman  of  the  joint  standing  committee 
of  the  city  council  on  the  North  Burial  Ground  shall  be 
ex-officio  a  commissioner  of  the  North  Burial  Ground,  and 
shall,  together  with  the  commissioners  of  the  North  Burial 
Ground  elected  by  the  city  council  of  the  city  of  Provi* 
dence,  compose  the  board  of  commissioners  of  the  North 
Burial  Ground. 

Sec.  5.  This  act  shall  go  into  effect  on  its  passage ;  and 
all  acts  and  parts  of  acts  inconsistent  herewith  are  hereby 
repealed. 


Chaotfir  499    ^^  ^^^  authorizing  the  board  of  aldermen  of 

THE    CITY    OF    PROVIDENCE     TO    APPOINT    UNDER- 

of  April  24, 1885. 

TAKERS. 


Section 
1.  Board  of  aldermen  to  appoint  under- 
takers ;  no  others  to  act  as  under- 
taker for  person  dying  within  the 
city. 


Section 

2.  Penalty    for    violation    of    the    pro- 

visions of  first  section. 

3.  Operative  clause. 


Board  of  aldermen 
to  appoint  undertak- 
ers ;  no  others  to  act 
.as  undertaker  for  per- 
son dying  within  the 
city. 


Penalty  for  viola- 
tion of  provisions  of 
first  section. 


Operative  clause. 


//  IS  enacted  by  the  General  Assembly  as  follows  : 

Section  1.  The  board  of  aldermen  of  the  city  of  Provi- 
dence shall  appoint  a  sufficient  number  of  persons  to  act  as 
undertakers,  removable  at  the  pleasure  of  said  board  of 
aldermen ;  and  no  person,  not  a  duly  appointed  undertaker 
by  said  board  of  aldermen,  shall  bury  or  deposit  in  a  tomb, 
or  remove  for  burial,  the  dead  body  of  any  human  being, 
who  shall  have  died  within  the  limits  of  the  city  of  Provi- 
dence. 

Sec.  2.  Any  person  violating  the  provisions  of  this  act 
shall  be  fined  not  exceeding  twenty  dollars  for  each  offence, 
one  half  thereof  to  the  use  of  said  city  of  Providence,  and 
one  half  thereof  to  the  complainant. 

Sec.  B.  This  act  shall  take  effect  on  and  after  its 
passage. 


277 


PARKS. 


AN  ACT  IN  AMENDMENT  OF  CHAPTER  598  OF  THE 
STATUTES,  ENTITLED  "AN  ACT  TO  REVISE,  CON- 
SOLIDATE AND  AMEND  THE  ACT  ENTITLED  'AN 
ACT  TO  INCORPORATE  THE  CITY  OF  PROVIDENCE,' 
AND  THE  SEVERAL  ACTS  IN  ADDITION  THERETO 
AND  IN  AMENDxMENT  THEREOF." 


Chapter  700 

of  May  30.  1878, 


Section 
1.  City  council  may    elect    park   com- 
missioners. 


Section 
2.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  follozvs  : 

Section  1.     The   city  council  of  the  city  of  Providence      city  council  may 

elect    park    commis- 

may  appoint,  by  concurrent  vote  of  the  two  branches  there-  sioners. 
of,  one  or  more  commissioners  to  superintend  the  mainten- 
ance and  control  of  the  public  parks  in  said  city,  and  by 
ordinance  may  prescribe  the  duties  and  fix  the  term  of 
office  of  the  commissioner  or  commissioners  so  appointed, 
and  amend  and  change  said  ordinance  from  time  to  time  ; 
and  also,  may  increase  or  diminish  the  number  of  commis- 
sioners by  such  concurrent  vote. 

Sec.  2.     This   act  shall  take  effect  immediately ;   and  all      Operative  clause, 
acts  and   parts  of  acts  inconsistent   herewith  are  hereby  re- 
pealed. 


278 


PARKS, 


Chapter  425 

of  Oct.  2,  189G. 


AN  ACT  AUTHORIZING  THE  CITY  OF  PROVIDENCE  TO 
HIRE  THE  SUM  OF  ONE  HUNDRED  AND  FIFTY  THOU- 
SAND DOLLARS,  TO  BE  EXCLUSIVELY  USED  AND 
EXPENDED  FOR  THE  COMPLETION  OF  THE  WORK 
UPON  ROGER  WILLIAMS  PARK  AND  BLACKSTONE 
PARK,  INCLUDING  THE  CONSTRUCTION  OF  BRIDGES 
AND  DRIVEWAYS  IN  SAID  PARKS,  AND  ALSO  FOR 
COMPLETING  THE  BLACKSTONE  BOULEVARD  PARK- 
WAY. 


Section 

1.  City  authorized   to    borrow  |150,000 
for  certain  parks  and  parkway. 


Section 

2.  Sinking  fund. 

3.  Operative  clause. 


//  is  etiacted  by  the  General  Assembly  as  follows  : 
City  authorized  to        SECTION  1.     The  citv  of  Providencc  is  hercbv  authorized 

borrow   $1.50,000   for  _      ■'  ■' 

certain    parks    and   and  empowered   to  hire  the  sum  of  one   hundred   and  fifty 

parkway. 

thousand  dollars,  to  be  exclusively  used  and  expended  for* 

See  Ch.  875,   Sec.  1,  '  J  f 

page  279.  the    Completion  of  the   work    upon    Roger   Williams    Park 

and  Blackstone  Park,  including  the  construction  of  bridges 
and  driveways  in  said  parks,  and  also  for  completing  the 
-  Blackstone  Boulevard  Parkway,  and  to  issue  its  notes  and 
bonds,  or  either,  therefor,  for  such  time,  and  in  such  amounts, 
as  may  be  fixed  by  the  city  council  thereof. 
Sinking  fund.  Sec.  2.     The    city    council    shall    annually    appropriate, 

until  said  notes  and  bonds  are  paid  in  full,  besides  a  sum 
to  pay  the  interest  thereon,  a  sum  to  be  placed  as  a  sinking 
fund,  sufficient  for  the  redemption  of  said  notes  and  bonds 
when  due,  and  all  premiums  arising  from  the  sale  of  said 
notes  and  bonds  shall  be  placed  to  the  credit  of  said  sink- 
ing fund. 
Operative  clause.  Sec.  3.  This  act  shall  take  effect  from  and  after  its 
passage. 


PARKS. 


279 


AN  ACT  IN  AMENDMENT  OF  CHAPTER  4:>o  OF  THE  QhaptQI"  g75 
PUBLIC  LAWS,  PASSED  OCTOBER  2,  If^'Jti,  ENTITLED  „f  ^3,^,, .,,,  um. 
"AN  ACT  AUTHORIZING  THE  CITY  OF  PROVIDENCE 
TO  HIRE  THE  SUM  OF  ONE  HUNDRED  AND  FIFTY 
THOUSAND  DOLLARS,  TO  BE  EXCLUSIVELY  USED 
AND  EXPENDED  FOR  THE  COMPLETION  OF  THE 
WORK  UPON  ROGER  WILLIAMS  PARK  AND  BLACK- 
STONE  PARK,  INCLUDING  THE  CONSTRUCTION  OF 
BRIDGES  AND  DRIVEWAYS  IN  SAID  PARKS,  AND 
ALSO  FOR  COMPLETING  THE  BLACKSTONE  BOULE- 
VARD PARKWAY." 


Section 
1.  City     authorized    to    buy    land    for 
Blackstone  Park. 


Section 
2.  Operative  clause. 


It  is  enacted  by  the  Ge?iera/  Assembly  as  follows  : 

Section  1.  Section  one  of  Chapter  425  of  the  public  Amends ch.4-jr,,sec 
laws,  passed  October  '2,  1896,  entitled  "An  act  authorizing 
the  city  of  Providence  to  hire  the  sum  of  one  hundred  and 
fifty  thousand  dollars,  to  be  exclusively  used  and  expended 
for  the  completion  of  the  work  upon  Roger  Williams  Park 
and  Blackstone  Park,  including  the  construction  of  bridges 
and  driveways  in  said  parks,  and  also  for  completing  the 
Blackstone  Boulevard  Parkway,"  is  hereby  amended  so  as 
to  read  as  follows  : 

"  Section  1.     The  city  of  Providence  is   hereby  author-      citv  authorized  to 

.  -buy  land   for   Black- 

ized  and  empowered   to  hire  the  sum  of  one  hundred  and   stone  park. 

fifty  thousand  dollars,  to  be  exclusively  used  and  expended 

for  the  completion  of  the  work  upon  Roger  Williams  Park 

and  Blackstone  Park,  including  the  construction  of  bridges 

and  driveways  in  said  parks,  and   also  for  completing  the 

Blackstone   Boulevard   Parkway,  and   for  the    purchase   of 

land  for  Blackstone  Park,  and  to  issue  its  notes  and  bonds, 

or  either,  therefor,  for   such   time  and   in  such   amounts  as 

may  be  fixed  by  the  city  council  thereof." 

Sec.  2.     This  act   shall   take  effect   from   and    after  its     (i;ierative clause. 
passage. 


280 


PLUMBING. 


ChaOtGr  1444  ^"^^  ^'^^  ^^  amendment  of  chapter  500  OF  THE 
PUBLIC  LAWS,  PASSED  AT  THE  JANUARY  SESSION, 
1885,  ENTITLED  "AN  ACT  AUTHORIZING  THE  CITY 
COUNCIL  OF  THE  CITY  OF  PROVIDENCE  TO  ^SIAKE 
ORDINANCES  REGULATING  THE  DRAINAGE  AND 
PLUMBING  OF  BUILDINGS  WITHIN  SAID  CITY." 

Section  i    Section 

1.  Drainage  and  plumbing  of  buildings.    |        2    Operative  clause. 

//  IS  enacted  by  the  General  Assembly  as  follows  : 
Chap.  500  of  1885       SECTION  1.     Scctioii  One  of  Chapter  500  of  the  public  laws, 

amended  and  super- 
seded, passed  at  the  January  session,  1885,  entitled  "An  act  author- 
izing the  city  council  of  the  city  of  Providence  to  make 
ordinances  regulating  the  drainage  and  plumbing  of  build- 
ings within  said  city,"  is  hereby  amended  so  as  to  read  as 
follows  : 
Drainage  and  plumb-        "  SECTION  1.     The  city  council  of  the  city  of  Providcnce 

ing  of    buildnigs.  -^  ^ 

may  make  such  ordinances,  rules  and  regulations  respect- 
ing the  drainage  and  plumbing  of  all  buildings  hereafter 
erected  in  the  city  of  Providence,  and  respecting  any  new 
or  additional  drainage  and  plumbing,  and  additions  to 
and  alterations  of  existing  drainage  and  plumbing  of  all 
buildings  heretofore  or  hereafter  erected  in  said  city,  as  said 
city  council  may  deem  necessary  for  the  preservation  of 
public  health.  Said  city  council  may  provide  by  ordinance 
that  no  building  shall  be  erected  in  said  city,  and  no  such 
drainage  and  plumbing,  additions  and  alterations,  shall  be 
constructed  or  made,  unless  the  plans  of  such  drainage  and 
plumbing,   additions   or  alterations,   shall   conform  to  said 


PLUMBING.  281 

ordinances,  rules  and  regulations  ;  shall  be  filed  in  the  office 
of  the  inspector  hereinafter  mentioned  ;  and  shall  be  approved 
in  writing  by  such  inspector.  Said  city  council  may  provide 
for  the  inspection  of  all  drainage  and  plumbing  in  said  city, 
create  the  oftice  of  inspector  of  plumbing,  and  fill  it  from 
time  to  time  by  the  election  in  joint  convention  of  such 
officer  for  such  term  as  said  city  council  shall  by  ordinance 
prescribe,  not  exceeding  three  years,  and  may  fill  any  vacancy 
for  the  current  or  unexpired  term.  Said  city  council  by 
ordinance  may  impose  fines  for  the  violation  of  any  ordi- 
nance, rule  or  regulation  made  in  accordance  with  this  act, 
of  not  more  than  twenty  dollars." 

Sec.  2.     All  acts  and  parts  of  acts  inconsistent  herewith      Operative  clause. 
are  hereby  repealed ;  and  this  act  shall  take  effect  from  and 
after  its  passage. 


Chapter  368 

of  May  15,  1890. 


AN  ACT  IN  AMENDMENT  OF  CHAPTER  500  OF  THE 
PUBLIC  LAWS,  PASSED  AT  THE  JANUARY  SESSION, 
A.  D.  1885,  ENTITLED  "AN  ACT  AUTHORIZING  THE 
CITY  COUNCIL  OF  THE  CITY  OF  PROVIDENCE  TO 
MAKE  ORDINANCES  REGULATING  THE  DRAINAGE 
AND  PLUMBING  OF  BUILDINGS  WITHIN  SAID  CITY," 
AS  AMENDED  BY  CHAPTER  1444  OF  THE  PUBLIC 
LAWS,  PASSED  AT  THE  MAY  SESSION,  A.  D.   1895. 

Section  i    Section 

1.  Assistant  inspectors  of  plumbing.  |        2.  Operative  clause. 

//  is  enacted  by  the  General  Assembly  as  follows  ,• 

Section  1.  The  inspector  of  plumbing  of  the  city  of  Assistant  inspectors 
Providence,  elected  by  authority  of  Chapter  500  of  the  «  p"'"  ""?;• 
public  laws,  passed  at  the  January  session,  a.  d.  1885, 
entitled  "An  act  authorizing  the  city  council  of  the  city  of 
Providence  to  make  ordinances  regulating  the  drainage  and 
plumbing  of  bui-ldings  within  said  city,"  and  of  Chapter 
1444  of  the  public  laws,  passed  at  the  May  session,  a.  d. 
1895,  as  soon  as  may  be  after  the  passage  of  this  act,  and 
36 


282  "  PLUMBING. 

thereafter  annually  in  the  month  of  January,  may  appoint, 
subject  to  the  approval  of  the  board  of  aldermen  of  said 
city,  one  or  more  assistant  inspectors  of  plumbing,  as  said 
city  council  shall  from  time  to  time  by  ordinance  determine. 
Such  assistant  inspectors  shall  hold  their  respective  ofifices 
during  the  current  municipal  year,  or  until  their  successors 
are  appointed  and  duly  qualified :  p7-ovided,  that  said 
inspector  of  plumbing,  at  his  pleasure,  may  remove  any  such 
assistant  inspector,  from  office  at  any  time,  subject  to  the 
approval  of  said  board  of  aldermen,  and  a  vacancy  from  any 
cause  may  be  filled  at  any  time  for  the  unexpired  term  in 
the  same  manner  as  the  original  appointment.  Such  assist- 
ant inspector  or  inspectors  shall  perform  such  duties  relat- 
ing to  the  execution  of  the  provisions  of  said  Chapters  500 
and  1444,  as  said  inspector  of  plumbing  shall  from  time  to 
time  direct ;  and  in  case  of  the  absence  or  disability  from 
any  cause  of  said  inspector  of  plumbing,  any  assistant 
inspector  designated  by  said  inspector  shall  exercise  all  the 
powers  and  be  subject  to  all  the  duties  of  said  inspector. 
Such  assistant  inspector  or  inspectors  shall  receive  such 
salaries,  respectively,  for  their  services  as  said  city  council 
may  by  ordinance  prescribe. 
Operative  clause.  Sec.  2.     This  act  shall  take  effect  from  and  after  its  pass- 

age. 


PUBLIC  ADMINISTRATOR. 


28S 


AN  ACT  PROVIDING  FOR  THE  APPOINTMENT  OF  A 
PUBLIC  ADMINISTRATOR  IN  THE  CITY  OF  PROVI- 
DENCE. 


Chapter  567 

of  June  2,  ISTG. 


Section 

1.  City  council   may   appoint  a   public 

administrator. 

2.  Public  administrator   to  act   in  what 

cases. 

3.  Not  to    be  appointed    within  thirty 

days  after  death  of  the  intestate. 

4.  Powers  of,  to  cease  if  husband,  wife 

or  next  of  kin  request  special  ad- 
ministration. 

5.  To  surrender  administration  L£  a  will 

of  the  deceased  be  probated. 

6.  To  give  bond  in  usual  form. 

7.  May   be  licensed  to  sell  real   estate. 

To  administer  estate,  and  render 
account,  as  in  ordinary  cases, 
except  as  herein  provided  other- 
wise. 

8.  To  deposit   balance   of    estate   with 

city  treasurer. 


Section 

9.  Torender  yearly  account.  If  balance 
remain  on  final  settlement,  the 
municipal  court  to  certify  same  to 
city  treasurer.  To  be  paid  to  city 
treasurer  in  thirty  days,  or  city 
treasurer  to  institute  suit  on  ad- 
ministrator's bond. 

10.  City  treasurer  to  hold  property  under 

this  act  for  what  uses. 

11.  Upon  the  disability  of  the  public  ad- 

ministrator, municipal  court  to  ap- 
point administrator  de  bonis  non, 
on  application  of  city  treasurer. 

12.  City  council  to  fill  vacancy  in  office 

of  public  administrator. 

13.  City   treasurer    to     prosecute   public 

administrator,  if  delinquent,  and 
there  be  no  heir. 


//  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.  The  city  council  of  the  city  of  Providence 
may  appoint  some  suitable  person,  being  an  inhabitant  of 
said  city,  to  be  public  administrator  therein  ;  and  the  person 
so  appointed  shall  hold  his  ofifice  during  the  pleasure  of  the 
city  council. 

Sec.  2.  Such  administrator  shall  take  out  letters  of 
administration  and  faithfully  administer  upon  the  estate  of 
any  person  who  dies  intestate  within  the  city  of  Providence 
or  elsewhere,  leaving  property  in  the  said  city  to  be  adminis- 
tered, such  person  at  the  time  of  his  decease  not  being  an 
inhabitant  or  resident  of  any  other  town  in  this  state,  and 


city  council  may 
appoint  a  public  ad- 
ministrator. 


Public  administrator 
to  act  in  wliat  cases. 


284 


PUBLIC    ADMINISTRATOR. 


Not  to  administer 
within  thirty  days. 


Powers  to  cease,  if 
husband,  wife  or  next 
of  kin  request  special 
administration. 


To  surrender  ad- 
ministration if  a  will 
of  the  deceased  be 
probated. 


To  give  bond  in 
usual  form. 


May  be  licensed  to 
sell  real  estate. 


To  render  account  in 
usual  form. 


To  deposit  balance 
of  estate  with  city 
treasurer. 


not  leaving  a  known  husband,  widow,  or  next  of  kin,  which 
fact  shall  be  established  by  proof  satisfactory  to  the  munic- 
ipal court  of  the  city  of  Providence. 

Sec.  3.  Administration  shall  not  be  granted  to  a  public 
administrator  within  thirty  days  next  after  the  decease  of 
such  intestate. 

Sec.  4.  After  granting  letters  of  administration  to  a 
public  administrator,  and  before  the  final  settlement  of  the 
estate,  if  the  husband,  widow,  or  any  next  of  kin,  of  the 
deceased,  in  writing  claims  the  right  of  administration,  or 
requests  the  appointment  of  some  other  suitable  person  to 
the  trust,  the  municipal  court  in  the  city  of  Providence  shall 
grant  letters  of  administration  accordingly.  Upon  the 
appointment  of  a  successor  and  his  giving  the  bond  required, 
the  powers  of  the  public  administrator  over  the  estate  shall 
cease. 

Sec.  5.  Such  public  administrator  shall  deliver  into  the 
municipal  court  his  letters  of  administration  upon  the  estate 
of  any  person  deceased,  if  a  will  of  such  person  is  there- 
after allowed  and  proved.  Upon  the  appointment  of  an 
executor  or  administrator  as  his  successor  in  any  case,  he 
shall  surrender  his  letters  of  administration  into  the  munici- 
pal court  with  an  account  upon  oath  of  his  doings  thereon  ; 
and  upon  the  allowance  o(  his  account  by  the  municipal  court, 
shall  pay  over  and  deliver  to  his  successor  all  sums  of  money 
in  his  hands,  and  all  property,  effects  and  credits  of  the 
deceased  not  administered. 

Sec.  6.  Such  public  administrator  shall  give  bond  to  the 
municipal  court  for  the  faithful  performance  of  his  duties, 
in  like  manner  as  required  of  other  administrators,  with  the 
further  condition  to  comply  with  the  provisions  of  the  pre- 
ceding section. 

Sec.  7.  Such  public  administrator  may  be  licensed  to 
sell  real  estate  for  the  payment  of  debts,  and  shall  adminis- 
ter estates  and  render  his  account,  in  the  same  manner  as 
other  administrators,  except  as  herein  otherwise  provided. 

Sec.  8,  When  an  estate  has  been  fully  administered  by 
such  public  administrator,  and  the  debts  paid  according  to 
law,  he  shall  deposit  the  balance  of  such  estate  remaining 


PUBLIC    ADMINISTRATOR. 


285 


in  his  hands  with  the  treasurer  of  the  city  of  Providence, 
who  shall  receive  and  hold  it  for  the  benefit  of  those  who 
may  have  lawful  claims  thereon. 

Sec,  9.  Such  public  administrator  shall  render  an  account 
of  his  proceedings  to  the  municipal  court  of  said  city,  at 
least  once  in  each  year,  until  the  trust  has  been  fulfilled. 
And  when,  upon  a  final  settlement  of  any  estate,  it  appears 
that  moneys  remain  in  the  hands  of  such  administrator, 
which  by  law  should  have  been  deposited  with  the  city 
treasurer,  the  municipal  court  shall  certify  that  fact  and  the 
statement  of  the  amount  to  said  treasurer  who,  unless  such 
deposit  is  made  within  thirty  days  after  the  receipt  of  such 
notice,  shall  cause  the  bond  of  the  administrator  to  be  pro- 
secuted for  the  recovery  thereof. 

Sec.  10.  All  money  or  other  property  received  by  the  city 
treasurer  of  the  city  of  Providence  under  the  provisions  of 
this  act,  shall  be  held  for  the  same  uses  as  provided  by 
Chapter  177  of  the  General  Statutes. 

Sec.  11.  Upon  the  death,  resignation  or  other  disquali- 
fication of  a  public  administrator,  leaving  an  estate  or  es- 
tates not  fully  administered,  it  shall  be  the  duty  of  the 
municipal  court,  upon  'application  of  the  city  treasurer,  to 
appoint  some  suitable  person  to  have  the  charge  and  care 
of  the  personal  estate  not  administered,  to  hold  the  same 
until  a  successor  to  such  deceased,  resigned  or  disqualified 
public  administrator,  shall  be  duly  appointed,  to  whom  the 
municipal  court  shall  grant  letters  of  administration  de  bonis 
non  upon  his  giving  the  required  bond. 

Sec.  12.  Upon  the  death,  resignation  or  other  disquali- 
fication of  a  public  administrator,  the  city  council  shall  fill 
the  vacancy  forthwith. 

Sec.  13.  When  a  public  administrator  neglects  to  return 
an  inventory,  settle  an  account,  or  perform  any  other  duty 
incumbent  upon  him,  and  there  appears  no  heir  entitled 
thereto,  the  city  treasurer  shall,  in  behalf  of  the  said  city 
of  Providence,  prosecute  all  suits  and  do  all  acts  necessary 
and  proper  to  ensure  a  prompt  and  faithful  administration 
of  the  estate,  and  the  payment  of  the  proceeds  thereof  into 
the  treasury. 


To  render  yearly 
account. 


If  balance  remain 
on  final  settlement, 
the  municipal  court 
to  certify  the  same  to 
citv  treasurer. 


To  be  paid  to  city 
treasurer  in  thirty 
days. 


City  treasurer  is  to 
hold  the  money,  for 
what  uses. 


Upon  disability  of 
public  administrator, 
municipal  court  to 
appoint  an  adminis- 
trator de  bonis  non 
on  application  of  the 
city  treasurer. 


City  council  to  fill 
vacancy. 


City  treasurer  is  to 
prosecute  public  ad- 
ministrator, if  delin- 
quent, and  there  be 
no  heir. 


280 


RELIEF  OF  CERTAIN  OFFICERS. 


ChSOtsr  782    ^^  ^^^  ^^  authorize  the  city  of  providence 

TO  MAKE  ANNUAL    APPROPRIATIONS    FOR   THE  RE- 


of  Mar.  14,  1889. 


LIEF  OF  DISABLED  FIREMEN  AND  POLICEMEN. 


Section 

1.  City  council  may  make  annual  ap- 
propriations for  relief  of  disabled 
firemen  and  policemen ;  relief  of 
dependents. 


Section 
2.  Operative  clause. 


//  is  enacted  by  the  General  Assembly  as  follows  : 
City  council  may        SECTION  1.     The  city  council   of  the  city  of  Providence 

make   annual   appro-     .  ,         .         ,  ,  i   ,  •     ,  n 

priation  for  disabled   IS  authorized  and  empowered  to  appropriate  annually  a  sum 
jemen  an    po  ice    ^^^  exceeding  three  thousand  dollars  to  be  applied  in  such 
amounts  and  upon  such  conditions  as  said  city  council  may 
by  ordinance  prescribe  for  the  relief  of  firemen  and  police- 
men, who  may  be  permanently  injured  and  disabled  while  in 
Relief  of  dependents,   the  performance  of  duty  as   such,  and  for  the  relief  of  de- 
pendents of  firemen  and  policemen,  who  may,  while  in  the 
performance  of  duty  as  such,  be  killed  or  die  from  the  effects 
of  any  injury  thus  received,  or  of  any  disease  thus  contracted. 
Operative  clause  Sec.  2.     All  acts  and  parts  of  acts  inconsistent  herewith 

are  hereby  repealed  ;  and  this  act  shall  take  effect  upon  its 
passage. 


RELIEF    OF    CERTAIN    OFFICERS. 


287 


AN  ACT  IN  AMENDMENT  OF  CHAPTER  598  OF  THE 
STATUTES  ENTITLED  "AN  ACT  TO  REVISE,  CONSOL- 
IDATE AND  AMEND  THE  ACT  ENTITLED  'AN  ACT 
TO  INCORPORATE  THE  CITY  OF  PROVIDENCE'  AND 
THE  SEVERAL  ACTS  IN  ADDITION  THERETO  AND 
IN  AMENDMENT  THEREOF.'' 


Chapter  1232 

of  May  16,  1893. 


Section 
2.  Operative  clause 


Section 

1.  City  council  may  create  and  disburse 
a  pension  fund  for  firemen  and 
policemen  who  may  be  disabled 
while  in  the  line  of  their  duty. 

//  /s  efiacted  by  the  General  Assetnbly  as  follows : 

Section  1.     The  city  council  of  the  city  of  Providence      city  c.uncii  may 

create  and  disburse  a 

is  hereby  authorized  and  empowered  to  create  and  disburse   pension  fund  for  fire- 
men  and    policemen 

a  pension  fund  or  funds  for  members  of  the  police  and  fire   who  may  be  disabled 

wliile  in   the   line  of 

departments  of  said  city  who  may  be  disabled  while  in  the  their  duty. 
line  of  their  duty. 

Sec.  2.     This   act   shall  take  effect  from   and   after    its 
passage. 


Operative  clause. 


AN   ACT    AUTHORIZING    THE    CITY  COUNCIL   OF   THE      Q^gptef  372 
CITY    OF    PROVIDENCE    TO  MAKE    APPROPRIATIONS 
FOR    THE    RELIEF  OF  INJURED  OR    DISABLED   FIRE- 
MEN AND  POLICEMEN. 


of  April  IG,  1806. 


Section 

1.  City  council  may  appropriate  money 
for  the  relief  of  firemen  or  police- 
men injured  or  disabled  while  in 
the    actual      discharge    of      duty ; 


Section 

amounts  and  conditions  to  be  pre- 
scribed by  city  council. 
2.  Operative  clause. 


It  is  enacted  by  the  General  Assembly  as  follows  : 

Section  1.     The  city  council  of  the  city  of  Providence       city  council  may 

,  .  .  appropriate  money  for 

IS   hereby  authorized   and   empowered   to  appropriate   such  the  relief  of  firemen 

.  .  .  ,  .  or  policemen   injured 

amounts  of  money  as  said   city  council   may  from   time  to   or  disabled  while  in 

,  .  ,•!  ...^  .,-  the  actual  discharge  of 

time  determine,  to  be  applied  to  the  relief  of  such  firemen   duty, 
and   policemen  as  shall   be  injured  or  disabled  while  in  the 
actual  discharge  of  duty  as   such  firemen  or   policemen,  in 
such  amounts  and  upon  such  conditions  as  the  city  council 
may  by  ordinance  prescribe. 

Sec.  2.     This  act  shall  take  effect  from  and  after  its  pas-      Operative  clause. 
sage. 


INDEX. 


ABANDONMENT  of  highway,  rights  of  abutting  owners,  258,  259. 
ABATEMENT  of  lease  of  lands  taken  under  Betterment  Act,  249,  250. 
ABSENCE  of  the  mayor,  president  of  Board  of  Aldermen  to  act,  3.  4. 

new  election  in  case  of  vacancy  in  office  by,  7. 

of  judge  of  municipal  court,  clerk  may  adjourn  in  case  of,  14. 
acting  judge  may  be  appointed  in  case  of,  15. 

of  chief  of  police,  deputy  chief  need  not  furnish  surety  for  costs  in  case  of,  47^ 

of  inspector  of  buildings,  assistant  inspectors  to  act,  92. 

of  caucus  warden  or  clerk,  who  to  act,  153. 
ABUTTING  ESTATE,  sewer  connection  may  be  extended  to  line  of,  33. 
ACADEMY,  protection  to  life  from  fire  in,  122--128. 
ACCEPTANCE  by  city  treasurer  of  bids  for  bonds  and  notes  of  city,  22. 

by  city  of  street  railway  acts,  188. 

of  "an  act  providing  for  a  tax  on  street  railways,"  201. 

of  lot  in  trust  for  burial  of  certain  persons  only  273,  274. 
ACCIDENT,  examination  of  buildings  damaged  by,  91. 
ACCIDENT  CALL,  right  of  way  of  ambulance  in  case  of,  49. 
ACCOUNTS  of  commissioners  of  North  Burial  Ground,  274. 

of  public  administrator,  284,  285. 
ACRE,  land  taken  at  one  time  for  school  purposes  not  to  exceed  one,  80. 
ACTING  JUDGE  of  municipal  court,  appointment  of,  15. 
ACTIONS,  power  of  mayor  to  discontinue,  8. 

for  use  of  city  water  supply  without  consent,  37. 

for  recovery  of  damages  to  water  works,  37. 

for  injury  from  explosion  of  gunpowder,  64. 

for  damages  for  injury  resulting  from  absence  of  fire-escape,  125. 

for  encroachment  on,  or  injury  to,  the  harbor,  213. 

city  charter  not  to  affect  pre-existing,  19. 

for  expense  .of  cleansing  unsanitary  premises,  230,  231. 

against  city  for  damages  for  land  taken  under  Betterment  Act,  2.50. 

for  damages  for  injury  to  trees,  260. 
ACTS,  exhibitor  of  idle,  to  be  deemed  disorderly  person,  56. 
ADDITION,  under  building  act  of  1843,  penalty  for,  85-87. 

to  buildings,  to  be  subject  to  building  law,  how  far,  92. 
AD.JACENT  OWNERS,  establishment  of  highway  on  petition  or  consent  of,  240,  241. 
ADJOURNMENT,  joint  resolution  of,  need  not  be  presented  to  mayor,  8. 

of  municipal  court  by  the  clerk,  14. 

of  caucus,  157. 
ADMINISTRATION,  of  city  government,  in  whom  vested.  2. 

of  teachers'  retirement  fund,  83. 
ADMINISTRATOR,  city  council  to  appoint  a  public,  283. 

duties,  powers  and  obligations  of  public,  283-285. 
37  • 


290  INDEX. 

ADOPTION  of  questious  submitted  to  the  people,  duty  of  city  clerk.  132. 
ADVANTAGE  under  Betterment  Act,  how  estimated  and  assessed,  247.  248. 
ADVERTISEMENT  of  layout  of  highway  on  petition  or  by  consent.  240,  241. 

of  application  for  commissioners  under  Betterment  Act,  246. 

of  intention  to  abandon  highway,  258.  259. 
AFFIRMATION  IN  OFFICE  of  members  of  city  council.  3. 

of  port  wardens,  22G. 

of  inspector  of  beef  and  pork,  234. 

of  men  to  layout  highways,  243,  244. 

of  commissioners  under  Betterment  Act,  246. 
AGE.  operator  of  elevator  not  to  be  less  than  eighteen  years  of,  ,128. 
AGENTS  in  public  works  department,  employment  of,  28. 

duty  of,  on  application  for  permit  to  build,  93. 

to  make  heating  apparatus  safe,  on  notice  from  inspector,  106. 

of  unsafe  building,  to  be  notified,  114. 

of  building  reported  unsafe,  duties  and  rights  of,  115,  116. 

of  building  ready  for  inspection  to  give  notice,  119. 

owner  of  building  is  bound  by  notice  to.  119. 
AGREEMENT  to  conform  removed  building  to  building  law,  113. 

with  parties  under  Betterment  Act,  may  be  made  by  city  council,  249. 

respecting  land  taken  under  Betterment  Act,  how  treated,  249. 
AID,  to  preserve  the  peace,  mayor  may  require,  8. 

chief  of  police  may  command,  48. 

to  fire-wards,  duty  of  citizens  to  render,  63. 

in  use  of  voting  machine,  170. 
AIR,  persons  lodging  in  open,  to  be  deemed  vagrants,  55. 
AIR  SPACE  between  basement  floor  and,  to  be  ventilated,  95. 

in  brick  work  adjoining  partitions,  104. 

in  certain  cases  where  smoke-pipes  pass  through  partitions,  104. 

in  double  metal  protection  of  wood-work  from  stoves,  105. 

between  wood-work  and  metal  sheathing  to  protect  wood-work    106. 
ALARM  OF  FIRE,  duty  of  fire-wards  under  gunpowder  act  in  case  of,  63,  64. 
ALDERMEN,  number  of,  2. 

are  part  of  city  council,  3. 

to  attend  at  organization  of  city  government,  3. 

to  be  engaged  in  office  by  the  mayor.  3. 

and  mayor  to  compose  the  Board  of  Aldermen,  3. 

city  clerk's  record  of  moneys  received  to  be  open  to  inspection  of,  4. 

executive  and  police  powers  of  maj^or  and,  9. 

vacancy  in  office  of,  may  not  be  filled  by  city  council,  12. 

salary  of,  to  be  fixed  by  city  council,   12. 

to  receive  no  other  emolument  or  compensation,  12. 

ineligible  to  office  of  profit  in  gift  of  city  council,  12. 

to  act  as  judge  of  municipal  court  in  what  cases,  15. 

elected  on  Tuesday  after  first  Monday  in  November,  17,  18,  137. 

hold  office  from  first  Monday  in  January,  18. 

to  be  qualified  voter  and  resident  of  ward,  18. 

new  election  in  case  of  vacancy  in  office  of,  7. 

in  case  of  refusal  to  accept,  or  death  before  qualification  in  office  of,  18. 

separate  machines  to  be  used  by  electors  qualified  to  vote  for.  164. 
ALMS,  abled  bodied  persons  applying  for,  to  be  deemed  vagrants,  55. 


INDEX. 


291 


ALTERATION  of  ordinance  to  be  by  ordinance,  13. 

of  sidewalks,  authority  for  requiring.  43--45. 

of  buildings  to  be  examined  by  inspector  of  buildings,  91. 
to  be  subject  to  building  law,  how  far,  92. 

of  wooden  buildings  in  first  district,  117. 

of  harbor  line  from  Dorrance  Street  to  Sassafras  Point,  219. 

of  certain  highways  formerly  private  ways,  239. 

of  highways,  under  Betterment  Act,  245-258. 
AMBULANCE,  of  city  or  hospital  to  have  right  of  way,  49. 
AMENDMENT  of  ordinance  to  be  by  ordinance,  13. 

of  constitution,  arrangement  of  propositions  for,  on  voting  machine,  167,  168. 
AMERICAN  INDEPENDENCE,  appropriation  authorized  for  celebration  of,  24. 
AMUSEMENT,  powers  of  city  council  relative  to  places  of,  9. 
ANCHORING  of  vessels,  power  of  city  council  to  regulate,  9. 
ANCHORS  of  vessels  not  to  interfere  with  other  vessels  at  Point  Street  Bridge,  41. 

hollow  walls  to  be  tied  with  incombustible,  97,  98. 

ashlars  to  be  tied  to  backing  by  metal,  08. 

certain  walls  to  be  fastened  at  each  tier  of  beams  by  wrought  iron,  99. 
ANGELL  STREET,  Providence  Cable  Tramway  Co.  may  operate  cars  in,  188. 
ANIMAL  MATTER  prejudicial  to  health,  removal  of,  230,  231. 
ANIMALS  going  at  large,  authority  to  prevent,  57,  58. 

motive  power  other  than,  to  be  approved  by  city  council,  186. 

penalty  for  suffering  .tree  to  be  injured  by,  2G0. 
ANNUAL,  unless  otherwise  provided,  election  of  officers  to  be,  12. 
ANNUAL  CANVASS,  no  caucus,  to  be  held  within  ten  days  of,  154. 

excepting  caucus  for  special  election,  154. 
ANNUITIES  from  teachers'  retirement  fund,  84. 
ANNULMENT  of  licenses  to  sell  gunpowder,  01. 
APARTMENT  HOUSES,  construction  of  roofs  and  floors  of,  101. 

stairway  partitions  to  be  fire-proof,  107,  108. 

fire-escapes  may  be  required  on,  117. 
API'EAL,  board  of  aldei-men  may  destroy  cesspools  notwithstanding,  235. 

from  police  court,  recovery  of  fines  and  penalties  on,  16. 
how  taken.  17. 
moneys  derived  from,  how  disposed  of,  17. 

from  condemnation  of  land  for  school  purposes,  80,  81. 

from  order  to  repair  unsafe  building,   116. 

from  decision  of  inspector  of  buildings  under  fire-escape  law,  126,  127. 

from  unreasonable  regulation  of  exclusive  rights  in  street,  180. 

from  decision  of  railroad  commissioner,  200. 

from  layout  of  highway  by  board  of  aldermen,  244. 

from  report  of  commissioners  under  Betterment  Act,  251,  252,  254. 

from  order  or  decree  abandoning  highw^ay  or  driftway,  259. 

from  assessment  for  watering  street,  262. 
APPEARANCE  of  defendant,  recognizance  for,  16. 
APPLICATIONS  for  licenses  to  keep  and  sell  gunpowder,  65. 

for  commissioners  under  Betterment  Act,  245,  246. 

for  jury  trial  under  Betterment  Act,  251,  252,  254,  257. 

for  permit  to  build,  93. 

for  permit  to  use  space  under  sidewalk,  113. 

for  removal  of  buildings,  113,  114. 


292  INDEX. 

APPOINTMENT  of  officers  needful  or  proper  for  the  city,  11. 

of  officers  to  be  in  convention,  unless  otherwise  provided,  3,  12. 

of  officers  to  be  annual,  unless  otherw^ise  provided,  12. 

of  president,  and  president  pro  tempore,  of  board  of  aldermen.  3,  4. 

of  president  of  common  council,  6. 

of  deputy  recorder  of  deeds,  5. 

of  chief  of  ix>lice,  11. 

of  commissioner  of  public  works,  27. 

of  police  constables  and  city  watchmen,  46. 

of  constables  with  power  to  serve  civil  process.  69.  70. 

of  aldermen  and  councilmen.  17,  18. 

of  assessors  of  taxes,  5. 

of  assistant  inspectors  of  buildings,  91,  92. 

of  assistant  inspectors  of  plumbing,  282. 

of  board  of  canvassers  and  registration,  129. 

of  commission  to  divide  city  into  wards,  135. 

of  caucus  officers  pro  tempore,  153. 

of  committee  to  lay  out  highways,  243. 

of  commissioners  under  Betterment  Act.  245,  246. 

of  citj'  clerk,  4. 

of  clerk  of  common  council,  6. 

of  inspector  of  buildings,  91. 

of  school  committee,  77,  137. 

of  recorder  of  deeds,  4. 

of  caucus  warden  and  caucus  clerk,  152. 

of  pfersons  to  collect  and  remove  garbage.  232. 

of  undertakers  by  board  of  aldermen,  276. 

of  park  commissioners,  277. 
APPORTIONMENT  of  taxes,  13. 

of  entire  damages  among  owners  in  different  interests,  38,  39. 

of  rent  of  land  taken  under  Betterment  Act,  249,  250. 

under  Betterment  Act,  to  be  included  in  report,  248. 
APPRAISAL,  of  damages  from  abandonment  of  highway.  258. 
APPRAISERS  of  value  of  estate  surrendered  under  Betterment  Act,  255. 
APPROPRIATION  of  taxes,  authority  of  city  council,  11. 

money  not  to  be  paid  from  treasury  without,  12. 

authorized  for  public  celebrations,  24. 

compensation  of  employes  in  public  works  department  not  to  exceed,  2S 

for  public  schools,  school  committee  may  draw  against,  78. 

expense  under  contract  with  normal  school  to  be  paid  out  of,  78. 

for  money  borrowed  for  new  schoolhouses  and  lots.  82. 

for  loan  for  retaining  wall  from  Hill's  Wharf  to  Sassafras  Point,  224. 

for  Rhode  Island  Hospital,  236. 

for  relief  of  firemen  and  policemen,  286,  287. 
APPROVAL  or  veto  of  concurrent  legislation ;  proceedure  in  case  of,  8. 

of  bond  of  constables  with  power  to  serve  civil  process,  70. 

of  appointment  of  assistant  inspectors  of  buildings,  91.  92. 

of  bay  or  oriel  windows  by  inspector  of  buildings,  102. 

of  permit  to  remove  building,  113. 

of  alterations  in  wooden  buildings  in  first  district,  117. 


INDEX.  293 

APPROVAL — Continued. 

of  shelter  over  sidewalk,  121. 

by  railroad  commissioner  of  revocation  of  location  of  street  railway,  199. 

of  increase  of  capital  stock  by  street  railway  company,  200,  202. 

of  mayor  required  on  question  of  municipal  lighting  plant,  20G. 

of  retaining-walls  in  harbor  by  board  of  aldermen,  214. 

of  bills  for  maintenance  of  North  Burial  Ground,  275. 

of  appointment  of  assistant  inspectors  of  plumbing.  282. 
APRIL,  board  of  appeal  under  fire-escape  law  to  be  appointed  in,  12G. 

return  of  gross  earnings  by  certain  corporations  in,  179,  183,  187. 

Narragansett  Electric  Lighting  Co.  to  pay  tax  in,  207,  208. 
AQUEDUCTS  for  city  water  works,  35. 

penalty  for  injury  to,  37. 
ARBITRATION  for  fixing  rate  of  tax  on  gross  earnings,  183,  184,  208. 

for  fixing  rate  to  be  charged  for  electric  lights.  209,  210. 

of  value  of  estate  surrendered  under  Betterment  Act,  255. 
ARCHES,  wooden  centering  supporting  trimmer,  to  be  removed  before  plastering,  104. 

to  be  fire-proof  when,  103. 
ARCH  FORMS  of  timber  may  be  used  for  interior  arch  of  wall.  99. 
ARCHITECT  of  building  unlawfully  constructed,  record  of,  91. 

duty  of,  on  application  for  permit  to  build,  93. 

examination  and  certificate  of  strength  of  floors  by,  101. 

survey  of  unsafe  party  wall  by,  114. 

owner  of  building  bound  by  notice  to,  119. 

on  board  of  appeal  under  fire-escape  law,  126. 
AREA  of  wooden  buildings  within  close  limits  in  outer  building  district,  90. 

fire  extinguishing  apparatus  required  in  buildings  of  certain,  107. 

of  tenement  house,  dampness  in  to  be  prevented,  110. 

of  tenement  houses,  construction  with  reference  to.  111. 

of  wooden  buildings  in  first  and  second  districts,  117,  118. 
ARMORIES,  construction  of  roofs  and  floors  of,  101. 

ARRANGEMENT  of  candidates  and  propositions  on  ballot  captions,  167,  168. 
ARREST  of  disorderly  persons  in  buildings,  by  chief  of  police  without  warrant,  48. 

without  warrant  for  violation  of  Caucus  Act,  161. 
ARTICLES  made  by  one's  own  hands,  exempted  from  license  fee,  50. 

of  household  manufacture,  exempted  from  license  fee,  50. 

authority  to  regulate  dealers  in  junk  and  second-hand,  51. 
ASHES,  depositories  for,  to  be  fire-proof,  106. 
ASHLAR,  construction  of  walls  faced  with  thin,  98. 

to  be  securely  tied  to  brick  backing,  98. 
ASPHALT  for  cellar  bottom  for  dwelling  house  or  hotel  on  made  land,  95. 
ASSENT  to  "an  act  providing  for  a  tax  on  street  railways,"  201. 

of  city  council  to  street  railway  acts,  188. 
ASSESSMENT  OF  TAX,  copy  of,  to  be  delivered  to  city  treasurer.  5. 
ASSESSMENTS  of  taxes,  city  council  authorized  to  make,  11. 

of  taxes  to  be  according  to  laws  of  state,  13. 

must  be  applied  to  sewer  bond  sinking  fund,  25. 

for  sewers,  how  to  be  made,  29. 

refunding  and  reassessment  of,  29,  30. 
gives  right  to  connect  with  sewer,  when,  30. 


294  INDEX. 

ASSESSMENTS— Co)ifi.nHCf7. 

for  sewers,  to  be  a  lien  upon  the  estate  on  which  they  are  made,  30. 
how  payable,  30. 

discount  for  anticipated  payment  of,  31. 
interest  and  costs  on  delinquent  payment  of,  31. 
exemption  of  cemeteries  from,  32. 

paid  by  life  tenant,  may  be  recovered  from  remainder-men,  32,  33. 
includes  expense  of  sewer  connections,  33. 

for  teachers'  retirement  fund,  83. 

for  benefit  01=^  damage  under  Betterment  Act,  how  made,  247,  248. 

under  Betterment  Act,  jury  trial  on,  248. 

may  be  settled  by  agreement,  249. 

to  be  added  by  assessors  of  taxes  to  tax  on  land,  250,  2.51. 

costs  of  jury  trial  on  appeal,  how  taxed,  2.52. 

to  cover  what-  proportion  of  loss  and  damage,  248,  253. 
not  to  be  made  in  case  of  defect  in  condemnation,  256. 

for  cost  of  watering  street,  261,  262. 

for  highways  or  sewers  not'  included  in  tax  limitation  law,  265. 
ASSESSORS  OF  TAXES  to  be  elected  by  city  council.  5. 

to  constitute  the  board  of  assessors  of  taxes,  5. 

to  deliver  copy  of  tax  assessment  to  city  treasurer,  5. 

sidewalk  tax  to  be  certified  to,  45. 

to  add  assessment  under  Betterment  Act  to  tax  on  land,  250,  251. 
ASSIGNMENT  of  party  column  on  ballot  captions,  167. 
ASSISTANCE,  in  use  of  voting  machine,  170. 

ASSISTANT  CITY  SOLICITORS,  election  of.  as  officers  of  law  department,  13,  14. 
ASSISTANT  ENGINP]EKS  to  be  appointed  by  commissioner  of  public  works,  27. 

tenure  of  office  of,  27. 

salary  of,  how  fixed,  27. 
ASSISTANT  INSPECTORS  of  buildings,  appointment  of,  91,  92. 

of  plumbing,  appointment,  removal  and  duties  of,  282. 
ASSISTANTS  to  commissioner  of  public  works,  appointment  of,  27,  28. 

in  fire  department  may  inspect  combustible  materials  in  buildings,  73,  74. 

to  board  of  canvassers  and  registration,  employment  of,  134. 
ASSIZE  OF  BREAD,  powers  of  city  council  relative  to.  9. 
ASYLUM,  Dexter,  town  meeting  for  management  of,  18,  19. 

protection  to  life  from  fire  in,  122--128. 
AT-LARGE,  authority  to  prevent  animals  from  going,  57,  58. 
ATTENDANCE  of  witnesses,  police  court  may  compel,  16. 

of  witnesses  may  be  compelled  by  board  of  canvassers  and  registration,  133. 

at  school,  required  of  children  of  school  age,  79. 
ATTIC  FLOORS  excepted  from  general  regulations  for  construction  of  floors,  101. 
AUDITOR,  CITY,  money  not  to  be  drawn  until  vouchers  are  filed  with,  13. 

to  be  informed  of  deductions  from  teachers'  retirement  fund,  S3. 
ALTDITORIUM,  fire  extinguishing  apparatus  to  be  provided  in,  109. 

wall  separating  stage  from,  to  be  fire-proof,  109. 

overheads  beneath  floor  of,  to  be  fire-proof,  109,  110. 
AUGUST,  report  of  commission  to  divide  city  into  wards  to  be  filed  in,  13.5,  138. 

division  of  city  into  wards  filed  in  city  clerk's  oflice  in,  138. 


INDEX.  295 

AUTHORITY  to  be  present  at  count  of  ballots  to  be  in  writing,  131.  132. 

for  city  obligations  to  remain  unimpaired,  2Go. 

citj-  not  to  incur  indebtedness  without  special  statutory,  265. 
AVENUE,  ELMWOOD,  city  council  authorized  to  turf  certain  parts  of,  2G0.  2G1. 

BACKING,  external  walls  faced  with  stone  to  have  brick,  98. 

stone  facing  to  be  securely  tied  to,  98. 

walls  faced  with  thin  ashlar  to  have  brick,  98. 

ashlars  to  be  securely  tied  to  brick,  98. 

iron  piers  under  external  walls,  and  iron  facings,  to  have  brick,  98,  99. 
BAGS,  gunpowder  to  be  transported  in  leather,  G4,  G5. 
BAIL,  police  court  may  take.  IG. 

police  court  may  commit  for  want  of.  IG. 
BALANCES,  city  council  may  use  for  general  purposes  certain  unexpended,  23. 

of  accounts  in  hands  of  public  administrator.  284,  285. 
BALLOT-BOXES,  board  of  canvassers  and  registration  to  cause  polling  places  to  be 
furnished  with,  135. 

to  be  opened  by  warden  and  clerk  only,  136. 

at  caucuses,  to  be  shown  to  be  empty  before  voting  begins,  153. 
to  be  furnished  by  board  of  canvassers.  155. 
BALLOT-CAPTION,  definition  of,  in  voting  machine  law,  166. 

arrangement  of.  on  face  plate  of  voting  machine,  IGT. 

arrangement  of  candidates  and  propositions  on,  168. 

to  be  printed  on  white  paper  and  in  clear  type,  168. 

by  whom  furnished  and  how  used,  169. 
BALLOTS,  when  required,  elections  to  be  by,  12. 

cast  for  municipal  officers,  counting  of,  131,  132. 

candidates  may  be  heard  for  or  against  counting  of,  132. 

board  of  canvassers  to  determine  all  questions  as  to  validity  of,  132. 

to  be  returned  to  board  of  canvassers,  132. 

penalty  on  board  of  canvassers  for  false  count  of,  133. 

return  of,  by  election  officers,  136. 

name  of  political  party  not  to  be  combined  with  words  on,  151. 

required  at  caucuses,  material  and  form  of,  153.  154. 

name  and  address  of  voter  to  be  written  on  challenged,  156. 

unlawful,  not  to  be  received  by  caucus  ofiicer,  156. 

to  be  counted  and  declared  at  close  of  caucus,  157. 

to  be  returned  in  person  by  caucus  clerk  of  first  district,  157. 

cast  at  caucus,  recount  of,  158,  159. 

penalty  for  unlawful  deposit  of,  at  caucuses,  160. 
BALUSTERS,  stairways  in-  tenement  houses  to  have  proper,  110. 
BAND  CONCERTS,  appropriations  for,  authorized,  24. 
BARTER  of  junk  and  second-hand  articles,  license  for,  51. 
BASE  COURSE,  foundation  walls  to  rest  on  proper  footing  course  or,  95. 

breadth  of,  to  be  proportional  to  load  and  soil,  95. 
BASEMENT  FLOOR,  air  space  between  cellar  bottom  and.  to  be  ventilated,  95. 
BASKETS,  sales  from,  in  streets,  may  be  regulated.  49,  50. 

sale  of  fruit  from,  may  be  licensed  by  city  council,  50. 

exempted  from  regulation  by  board  of  aldermen.  69. 
BAY  WINDOWS,  construction  of,  over  streets,  102. 


296  INDEX. 

BEAMS,  certain  walls  to  be  anchored  at  each  tier  of,  99. 

resting  on  girders,  constrnction  of,  99. 

to  have  bearing  of  at  least  four  inches,  100. 

entering  brick  walls  to  be  cut  on  a  splay,  101. 

construction  of  main  partitions  supporting,  101. 

entering  party  wall  from  opposite  sides,  101. 

to  be  fire-proof,  when,  103. 

regulation  of  smoke-pipes  passing  beneath  wooden,  104. 
BEARERS,  thickness  of  walls,  when  floor  joists  rest  on  iron,  97. 
BEARING  required  for  floor  beams,  100. 
BEARING  WALLS  without  crosswalls  or  buttresses,  thickness  of,  97. 

construction  of  hollow  walls  if  used  as,  97,  98. 
BEAST,  penalty  for  suffering  tree  to  be  injured  by,  260. 
BEDROOM,  construction  for  ventilation  of,  110. 
BEEF,  appointment  of  inspector  of,  234. 

duties,  fees  and  obligations  of  inspector  of,  234. 
BEGGARS  to  be  deemed  vagrants,  55. 
BENEFICIARIES  of  teachers'  retirement  fund,  84. 
BENEFIT  under  Betterment  Act,  how  estimated  and  assessed,  247. 

how  reported  to  Supreme  Court,  247,  248. 

assessment  not  to  exceed  the,  248. 

may  be  settled  by  agreement,  249. 

jury  trial  on,  248. 

costs  of  jury  trial  on  appeal,  how  taxed,  252. 
BEQUESTS  may  be  received  for  teachers'  retirement  fund,  83. 

for  care  of  lot  in  North  Burial  Ground,  273,  274. 
BETTERMENT  ACT,  layout  of  highways  under,  24.5-258. 
BIBLES  may  be  sold  in  streets  without  payment  of  license  fee,  50. 

may  be  sold  without  regulation  by  board  of  aldermen,  69. 
BIDS  for  city  bonds  or  notes,  acceptance  or  rejection  of,  22. 
BILLS  of  North  Burial  Ground,  approval  of,  275. 
BINDERS  of  iron  or  stone  to  be  built  into  brick  piers,  100. 
BINDING  COURSES,  use  of,  in  brick  walls,  98. 

BLACKSTONE  BOULEVARD,  city  authorized  to  hire  money  for,  278,  279. 
BLACKSTONE  PARK,  city  authorized  to  hire  money  for,  278,  279. 

city  authorized  to  purchase  land  for,  279. 
BLACKSTONE  RIVER,  city  water  supply  may  be  obtained  from,  35. 
BLOCKS  may  be  designated  as  close  limits  in  outer  building  district,  90. 
BOARD  of  trustees  of  teachers'  retii'ement  fund,  83. 
BOARDS,  piling  of,  within  certain  limits  prohibited,  67. 
BOARDING  HOUSES,  construction  of  roofs  and  floors  of,  101. 

regulations  for  fire-proof  stairway  partitions  in,  107. 

fire-escapes  may  be  required  on,  117. 
BOARD  OF  ALDERMEN,  powers  of,  2. 

mayor  and  aldermen  to  compose  the,  3. 

to  sit  and  act  together  as  one  body,  3. 
presiding  officer  of,  has  casting  vote  only,  3,  4. 
president  of,  3,  4. 
president  pro  tempore  of,  4. 
city  clerk  to  act  as  clerk  of,  4. 


INDEX.  297 

BOARD  OF  AhDERUKN— Continued. 

sureties  on  bond  of  city  treasurer  to  be  satisfactory  to,  6. 

yeas  and  nays  on  journal  of,  G. 

rules  of  procedure  of,  7. 

may  judge  of  election  of  its  own  members,  7. 

may,  in  certain  cases,  order  new  elections,  j,  18. 

quorum  of,  7. 

special  meetings  of,  may  be  called  by  the  mayor.  8. 

mayor  may  communicate  messages  to,  8. 

matters  requiring  concurrent  action  of,  to  be  presented  to  mayor,  8. 

general  executive  and  police  powers  of,  9. 

to  have  negative  in  legislative  matters  upon  common  council,  12. 

committee  of,  not  to  draw  for  money  until  vouchers  are  filed,  13. 

rules  and  regulations  of,  to  be  published,  13. 

special  judge  of  municipal  court  may  be  appointed  by,  15. 

police  court  jurisdiction  of  offences  against  rules  of,  15,  16. 

city  charter  not  to  affect  pre-existing  laws  of,  19. 

may  charge  and  collect  fees  for  licenses  and  commissions,  23.  24. 

to  approve  appointment  of  commissioner  of  public  works,  20,  27. 

salaries  of  engineers  to  be  subject  to  approval  of.  27. 

may  require  reports  on  bridges  from  commissioner  of  public  works,  27,  28. 

superintendent  of  Point  street  bridge  to  be  appointed  by,  40. 

police  officers  to  be  appointed  by  chief  with  consent  of,  46. 

to  be  removed  by  chief  with  consent  of,  46. 
special  constables  may  be  appointed  by,  47. 
may  license  dealers  in  junk  and  second-hand  articles,  51. 
power  of,  to  commit  to  house  of  correction,  or  to  jail,  53,  54. 

to  order  unsuitable  persons  to  leave  the  city,  54,  55. 

to  commit  to  prison  for  disobedience  of  order,  55. 

to  discharge  persons  committed  on  their  order,  56,  57. 

to  discharge  persons  committed  on  sentence  of  court,  57. 
recommitment  of  persons  failing  to  fulfill  condition  imposed  by,  57. 
prohibition  of  storage  of  cotton  waste  without  permission  of,  59. 
may  license  and  regulate  keeping  and  sale  of  fireworks,  59,  60. 
licenses  to  sell  gunpowder  to  be  issued  by,  61. 
gunpowder  to  be  landed  or  shipped  at  place  designated  by,  64. 
application  for  license  to  sell  gunpowder  to  be  made  to,  65. 
gunpowder  to  be  kept  only  in  places  designated  by,  ij6. 
may  regulate  bootblacks,  newsboys,  and  street  venders,  68. 

constables  with  power  to  serve  civil  process  may  be  appointed  by,  69. 

bond  of,  to  be  approved  by,  70. 

appointment  may  be  revoked  by,  70. 

location  and  operation  of  steam  boilers.  85—87. 
assistant  inspectors  of  buildings  may  be  appointed  with  approval  of,  91. 

may  be  removed  with  approval  of,  92. 
may  regulate  safety  and  ventilation  of  tenement  houses,  110. 

coal  holes  and  vaults  under  sidewalks.  111,  112. 

steam  boilers  and  heaters  under  sidewalks,  112. 
may  revoke  privileges  granted  under  sidewalk  or  street,  113. 

38 


298  INDEX. 

BOARD  OF  AJjBERME'S— Continued. 

may  order  filling  of  excavation  under  sidewalk,  112. 

stable  not  to  be  erected  or  altered  without  approval  of,  113. 

may  permit  shelters  over  sidewalk,  121,  122. 

board  of  canvassers  to  count  ballots  formerly  counted  by,  131. 

warrants  for  new  election  to  be  issued  by,  132. 

separate  machines  to  be  used  by  electors  voting  for  members  of,  164. 

may  establish  and  regulate  ferries  in  harbor,  211. 

may  require  retaining  walls  where  tide-flowed  flats  are  filled,  214. 

prohibition  of  structures  above  Weybosset  bridge  without  consent  of,  215. 

powers  of,  relative  to  wharves,  streets  and  bridges,  215,  216. 

may  remove  obstructions  in  harbor  between  Fox  Point  and  India  Point,  220. 

may  make  rules  for  seizure  and  destruction  of  unwholesome  provisions,  229. 

may  oi'der  removal  of  unsanitary  conditions.  230,  231. 

may  make  rules  for  collection  and  removal  of  garbage,  232. 

deputy  city  registrar  may  be  appointed  by.  234. 

may  compel  connection  of  drainage  with  sewer  on  sewered  streets,  235. 

may  alter  or  discontinue  certain  highways,  formerly  private  ways,  239. 

establishment  of  highways  by,  on  petition  or  by  consent  of  owners,  240,  241. 

may  establish  highway  on  land  used  as  such  for  twenty  years,  241. 

not  to  establish  highway  without  request  of  city  council,  242. 

may  define  grade  for  platted  street  on  request,  242. 

to  lay  out  highways  on  request  of  city  council,  243,  244,  252. 

removal  of  buildings  under  Betterment  Act  by  order  of,  249,  252. 

layout  under  Betterment  Act  to  be  declared  highway  by,  252. 

notice  of  surrender  of  estate  under  Betterment  Act  to  be  given  to.  255. 

duties  of,  on  abandonment  of  highway,  258. 

removal  of  trees  in  highway  by  order  of,  260. 

undertakers  to  be  appointed  and  removed  by,  276. 

assistant  inspectors  of  plumbing  to  be  approved  by,  282. 
BOARD  OF  APPEAL  under  fire-escape  law,  appointment  of,  126. 

duties,  powers  and  compensation  of,  126,  127. 
BOARD  OF  ASSESSORS  of  taxes,  election,  5. 

to  deliver  copy  of  tax  assessment  to  city  treasurer,  5. 
BOARD  OF  CANVASSERS  AND  REGISTRATION,  election  of,  129. 

to  receive  registration  of  persons  entitled  to  vote,  129. 

organization  of,  130. 

oflSce  of,  to  be  open  as  required  by  law,  130. 

to  hold  canvass  meeting  in  each  ward,  130. 

final  canvass  meeting  in  oSice  or  elsewhere,  130. 

quorum  of,  for  registration  and  other  purposes,  130. 

registration  of  voters  to  be  before,  instead  of  before  city  clerk,  130. 

general  powers,  duties  and  obligations  of,  130,  131. 

to  count  ballots  cast  for  municipal  officers  and  propositions,  131. 

manner  of  counting,  determining  and  certifying  result  of  election,  131,  132. 

election  ofiicers  to  make  return  to,  instead  of  to  city  clerk,  132. 

to  deliver  election  record  books  to  city  clerk,  133. 

penalty  for  false  action  or  record  by,  133. 

members  of,  may  administer  oaths,  133. 

powers  of,  as  a  returning  board,  133. 


INDEX.  299 

BOARD  OF  CANVASSERS  AND  REGISTRATION— CoH^nued. 

wilfullj'  false  oath  in  proceedings  before,  to  be  deemed  perjury,  133. 

accountability  of,  for  fees,  133,  134,  137. 

voting  lists  to  be  furnished  by,  on  payment  of  fee,  134,  137. 

salai'y  of,  and  how  fixed,  129,  134. 

authority  of,  to  employ  clerical  assistance,  134. 

duplicate  map  of  division  of  city  into  wards  to  be  filed  with,  135. 

to  designate  polling  places  in  voting  districts,  135,  136. 

to  furnish  ballot  boxes  and  paraphernalia  for  elections,  135,  136. 
for  caucuses,  155. 

to  appoint  wardens,  clerks  and  supervisors,  136. 

names  of  officers  and  members  of  city  committees  to  be  filed  with,  149. 

designation  of  day  for  holding  caucus  to  be  filed  with,  151. 

to  be  notified  of  date  selected  for  caucus,  151. 

to  provide  polling  places  for  caucuses,  and  give  notice,  151. 

to  hold  council  canvass  meeting  on  twenty-seventh  day  before  election,  154. 

duties  of,  in  preparation  of  voting  lists  for  special  caucuses,  154,  155. 

to  certify  and  deliver  voting  lists  for  caucuses,  155. 

return  of  result  of  caucus  to  be  made  to,  157. 

check  lists  used  at  caucus  to  be  certified  back  to,  157. 

to  be  r^roduced  for  succeeding  caucuses  by,  157,  158. 
to  be  preserved  and  copies  furnished  by,  158. 

notice  to,  and  recount  by,  of  ballots  cast  at  caucuses,  158,  159. 
BOARD  OF  COMMISSIONERS  of  North  Burial  Ground,  how  constituted,  276. 
BOARD  OF  COMMISSIONERS  OF  SINKING  FUNDS,  may  be  established,  20,  21, 

to  have  powers  and  liabilities  of  trustees  of  former  sinking  fund,  21. 

duties  of,  in  regard  to  perpetual  care  funds,  275. 
BOARD  OF  FIRE  COMMISSIONERS,  election  and  powers  of,  72--74. 
BOARD  OF  HEALTH  may  regulate  safety  and  ventilation  of  tenement  houses,  110. 
BOARD  OF  PUBLIC  WORKS,  creation  and  abolishment  of,  26. 

commissioner  of  public  works  has  power  of,  26. 

commissioner  of  public  works  to  have  powers  and  duties  of,  27. 

powers  of  city  council  under  Water  Act  may  be  conferred  upon,  28,  29. 

election  of,  terminated  offices  of  highway  and  water  commissioners,  31. 
BOARD  OF  SURVEY  of  unsafe  buildings,  appointment  and  report  of,  115. 
BOATS,  mooring  of,  to  Point  street  bridge,  penalty  for,  41. 

shipping  or  landing  gunpowder  to  or  from,  64. 

regulations  for  carrying  gunpowder  in,  65. 

ferry,  regulation  of,  211. 
BOILER  ROOMS,  construction  of,  106. 

may  be  examined  by  inspector  of  buildings,  117. 
BOILERS,  board  of  aldei-men  may  regulate  operation  of  steam,  85--87. 

construction  of  flues  for,  103. 

protection  of  woodwork  from  flues  of,  105. 

woodwork,  unless  protected,  not  to  be  placed  within  one  foot  of,  106. 

penalty  for  unlawful  operation  of,  85--87. 

construction  of  rooms  for  drying  lumber  by  direct  heat  from,  107. 

under  sidewalk,  board  of  aldermen  may  permit  use  of.  112. 
BONDS  of  fiduciary  ofiicers  to  be  required  by  city  council,  12,  13. 

of  city  officers  to  be  fixed  by  city  council,  13. 


300  INDEX. 

BONDS— C'oHt?';u(ed. 

of  deputy  city  treasurer,  6. 

authority  for  ordinance  relative  to  registration  of  city,  20. 

management  of  sinking  funds  for  redemption  of,  20,  21. 

commissioners  of  sinking  funds  need  not  give  official,  21. 

acceptance  or  rejection  of  bids  for  city,  22. 

city  council  may  provide  for  payment  of,  in  gold  or  currency,  22. 

sewer  assessments  must  be  applied  to  sinking  fund  for  sewer,  25. 

special  constables  appointed  for  three  days  need  not  give,  47. 

of  constable  authorized  to  serve  civil  process.  70. 

of  applicant  for  license  to  move  buildings,  114. 

authorized  to  be  issued  by  Union  Railroad  Co.,  181. 

by  Nari-agansett  Electric  Lighting  Co.,  203. 
of  city,  to  be  paid  according  to  their  tenor,  265. 
for  new  schoolhouses  and  lots,  82. 

for  retaining  wall  from  Hill's  wharf  to  Sassafras  Point,  224,  225. 
for  harbor  improvement,  225. 

for  layout  and  building  of  street  to  Prospect  streeL,  263. 
for  highway  purposes,  264. 

for  Roger  Williams  Park,  Blackstone  Park  and  Parkway,  278,  279. 
schedule  of,  for  purposes  authorized  by  statute,  267—272. 
of  inspector  of  beef  and  pork.  234. 
on  appeal  from  assessment  for  watering  street.  262. 
of  public  administrator,  284.  285. 
of  superintendent  of  North  Burial  Ground,  275. 
BOOKS  to  be  delivered  by  city  clerk  to  successor  in  office,  4. 

religious,  may  be  sold  in  streets  without  payment  of  license  fee,  .50. 

without  regulation  by  board  of  aldermen,  69. 
of  election  officers  to  be  returned  to  returning  board.  132. 
board  of  canvassers  and  registration  may  compel  production  of,  133. 
BOOTBLACKS,  may  be  regulated  by  board  of  aldermen.  68. 
BORROWING  of  money  for  state  tax  payable  June  fifteenth,  21. 
of  $300,000  annually  for. school  purposes.  82. 
of  money  by  city,  how  limited,  265,  266. 
statutory  authority  for.  267-272. 
BOL'LEVARD.  city  authorized  to  hire  money  for  Blackstone,  278.  279. 
BOUNDARY  LINES,  of  streets,  sewer  connections  may  be  extended  to.  33. 
protection  from  excavation  of  walls  upon,  93. 
of  wards  and  voting  districts,  138-147. 
of  the  harbor,  212. 
BOWLS,  keeper  of,  to  be  deemed  disorderly  person,  56. 
BOX,  keeper  of  gaming,  to  be  deemed  disorderly  person,  50. 
BREAD,  power  of  city  council  relative  to  assize  of,  9. 
BREADTH  of  base  course  of  foundation  walls,  95. 
BRICK  for  cellar  bottom  of  dwelling  house  or  hotel  on  made  land,  95. 
foundation  walls  for  wooden  buildings,  thickness  of,  95. 
stone  facing  of  external  wall  to  have  backing  of.  98. 

to  be  securely  tied  to  backing  of,  98. 
use  of  headei's  in  construction  of  wall  faced  with  face,  98. 
walls  faced  with  thin  ashlar  to  have  backing  of,  98. 
heading  courses  to  be  good,  hard,  perfect,  98. 

iron  piers  under  external  walls,  and  iron  facings,  to  be  backed  with.  98.  99. 
certain  walls  to  be  supported  by  iron,  stone  or,  99. 


INDEX.  301 

BRICK  BUILDINGS,  roofs  of  to  be  covered  with  incombustible  material,  102. 
requirement  of  fire-proof  cornices  and  gutters  on,   102. 
thickness  of  external  walls  of,  107. 

in  second  district,  to  have  incombustible  fire-stops,  118,  119. 
BRICK  CORBELLING,  thickness  of  walls  when  floor  joists  rest  on,  97. 
BRICK  FLUES,  construction  of,  103. 
BRICK  PIERS,  construction  of  isolated  and  external,  100. 

iron  or  stone  binders  to  be  built  into,  100. 
BRICK  WALLS,  except  foundation  walls,  how  to  be  built,  94. 
thickness  of,  95—97. 

every  ninth  course  to  be  a  heading  course  in,  98. 
not  to  rest  on  wooden  supports,  99. 

columns  supported  by,  to  rest  on  iron  plate  or  cap  stone,  100. 
footing  course  of  pier  or  column  supporting,  100. 
beams  entering,  to  be  cut  on  a  splay.  101. 
BRICK-WORK  of  isolated  chimney,  how  to  be  laid  up,  103. 
back  of  fireplaces,  construction  of,  104. 
of  flue,  woodwork  not  to  be  secured  to,  104. 
BRIDGES,  lounging  upon,  city  council  may  prohibit,  10. 
commissioner  of  public  works  to  examine,  27,  28. 

to  have  construction  and  maintenance  of  all  public,  27,  31. 
building  of,  in  public  waters  above  Weybosset  bridge,  215,  216. 
in  parks,  city  authorized  to  hire  money  for,  278.  279. 
BUILDING  of  sidewalks,  authority  for  requiring,  43-45. 
BUILDING  DISTRICTS,  city  divided  into  two,  limits  of,  89,  90. 
city  may  change  lines  of,  90. 

may  block  out  close  districts  in,  90. 
close,  to  include  both  sides  of  boundary  street,  90. 
BUILDING  LAW  of  1843.  relating  to  operation  of  steam  boilers,  85. 
of  1878,  relating  to  construction  of  buildings.  88. 
meaning  of  terms  used  in,  90,  91. 

inspector  of  buildings  to  keep  i-ecord  of  violation  of,  91. 
construction  of  new  work  on  buildings  to  conform  to,  92. 
agreement  to  conform  removed  buildings  to,  113. 
notice  required,  how  to  be  served,  119. 
general  penalty  clause  for  violation  of  provisions  of.  119. 
supreme  couit  may  enjoin  violations  of,  119. 

fines  recovered  for  violation  of,  to  be  paid  into  city  treasury,  120. 
BUILDING  MATERIALS  in  street  during  building  operations,  94. 
BUILDINGS,  regulation  of  electric  wires  over,  with  consent  of  owners,  10. 
certain,  may  be  entered  by  chief  of  police  with  what  powers,  48. 
keepers  of  gaming  implements  in.  to  be  deemed  disorderly  persons,  56. 
limitation  and  regulation  of  gunpowder  in,  61. 
authority  to  destroy,  in  case  of  fire,  71. 

damages  to  be  paid  in  such  case,  71,  72. 
inspection  of  combustible  materials  in,   73,   74. 

does  not  apply  to  dwelling  houses.  74. 
school  committee  to  have  custody  of  school.  77,  78. 
city  council  to  have  expenditure  of  appropriations  for  school,  78. 
$300,000  may  be  borrowed  annually  for  new  school,  82. 


302  INDEX. 

BUILDINGS— Coni(«!/ed. 

exempt  from  operation  of  building  law.  88. 
inspector  of,  to  be  elected  by  city  council,  91. 

general  duties  and  salary  of,  91,  92. 
wooden,  within  close  limits  in  outer  building  district,  90. 
inspector  of,  may  appoint  and  remove  assistants,  91,  92. 
under  construction,  to  be  examined  by  inspector  of  buildings,  91. 
reported  dangerous,  or  damaged,  examination  of,  91. 
assistant  inspectors  of,  appointment,  91,  92. 
alterations  of,  to  be  subject  to  building  law,  how  far,  92. 
raising  of,  to  conform  to  building  law,  92. 
work  on,  not  to  be  done  without  permit,  92. 
permit  for,  to  be  exercised  within  six  months,  93. 
external   walls   of,   under   construction    within    five   feet    of    sidewalk,   to    be 

fenced,  93,  94. 
staging  for  erecting,  not  to  be  placed  in  street  without  permission,  94. 
care  of  rubbish  and  materials  during  erection  of,  94. 
rubbish  from  erection  of,  to  be  removed  upon  order,  94. 
foundations  of  permanent.  94. 
thickness  of  foundation  walls  of  wooden,  95. 
thickness  of  walls,  95-97. 

timber  not  to  be  used  in  walls  of,  except  for  interior  arch  forms,  99. 
inspector  of,  to  approve  size  of  cap  irons  and  cap  stones,  100. 
trimmers  and  headers  in,  to  be  hung  in  stirrup  irons,  100. 
for  business  purposes,  construction  of  floors  of,  101. 
overloading  floors  of,  prohibited,  101,  102. 
construction  of  bay  or  oriel  windows  of,  over  streets,  102. 
roofs  of  certain,  to  be  covered  with  incombustible  material,  102. 
fire-proof  cornices  for  walls  of  brick,  stone  or  iron,  102. 
fronting  on  street  to  have  water  conductors  from  roof.  102. 
fire-proof  construction  of,  above  certain  height,  102,  103. 
structures  above  roofs  of,  to  be  fire-proof  when,  103. 
to  be  provided  with  scuttles,  103. 
regulation  of  smoke  pipes  in,  104. 
thickness  of  external  walls  of  certain  brick,  107. 
standpipe,  hose  or  sprinkling  pipes,  required  in  certain,  107,  109. 
elevators  and  hoistways  in,  107. 
fire-proof  stairway  partitions  in,  107,  108. 
egress  stairways  in  certain,  109. 

to  be  used  as  tenement  houses,  construction  of,  110,  111. 
removal  of,  113. 
reported  unsafe,  proceedings  in  such  case,  114—116. 

dangerous  in  case  of  fire,  proceedings  in  such  case,  IIG,  117. 
fire-escapes  required  on  certain,  117. 
wooden,  in  first  building  district,  regulation  of,  117. 

in  second  building  district,  regulation  of,  117,  118. 
ready  for  inspection,  notice  to  be  given.  119. 
not  to  be  lathed  or  sheathed  until  inspected,  119. 
within  ten  feet  of  street,  permit  for  erection  of,  120. 
penalty  for  obsti-ucting  street  by,   121. 


INDEX.  303 

BUILDINGS— Coji^iMMcrf. 

shelters  over  entrances  to,  121,   122. 

protection  to  life  from  fire  in  certain,  122--128. 

prohibition  of,  over  public  waters  above  Weybosset  bridge,  215. 

sanitary  condition  of,  230,  231. 

removal  of,  on  layout  of  highway,  244.  245,  219,  252. 

taken  under  Betterment  Act,  to  remain  property  of  owners,  254. 

di-ainage  and  plumbing  of,  280,  281. 
BULKHEADS  on  roofs,  buildings  to  be  furnished  with,  103. 

on  buildings  in  second  district,  regulation  of,  117,  118. 

regulation  of  wooden  buildings  built  on,  in  second  district,  118. 
BUOYS  of  vessels  not  to  interfere  with  other  vessels  or  Point  street  bridge,  41. 
BURIAL  of  the  dead,  powers  of  city  council  to  regulate,  9. 

of  corpse  forbidden,  except  by  undertaker,  276. 
BURIAL  GROUND,  provision  for  care  of  burial  lots  in  North,  273--275. 

l)Owers  of  city  council  relative  to  public.  9. 
BUSINESS  in  either  branch  of  city  council,  quorum  for,  7. 

at  caucuses,  other  than  voting,  153. 
BUSINESS  BUILDINGS,  construction  of  roofs  and  floors  of,  101. 
BUTCHERS  retailing  meats  in  streets,  exempted  from  license  fee,  50. 

from  regulation  by  board  of  aldermen,  69. 
BUTTRESSES,  thickness  of  bearing  walls  without,  97. 

construction  of,  97. 

construction  of  external  walls  between,  97. 
BUTTS  of  timbers  entering  brick  wall  to  be  cut  on  a  splay,  101. 
BY-LAWS,  city  council  may  impose  penalties  for  violation  of,  2. 

jurisdiction  of  police  court  over  offences  against,  15,  16. 

authorized  for  government  of  house  of  correction,  53. 

CABLES  of  vessels  not  to  interfere  with  other  vessels  at  Point  street  bridge,  41. 

exclusive  right  in  streets  to  use,  may  be  granted,  178. 
CABLE  TRAMWAY  COMPANY,  note  relative  to  franchises  of.  173. 

act  governing  operation  of,  by  Union  Railroad  Co.,  187--193. 
CALL  for  caucuses,  time  of  i,ssue  and  form  of,  151. 

for  caucus  to  be  published  in  newspaper,  151. 
for  special  caucuses,  159,  160. 
CANDIDATES  may  be  present,  in  person  or  by  proxy,  at  counting  of  vote,  132. 
at  recount  of  caucus  vote  by  board  of  canvassers,  159. 

at  caucus  to  be  voted  for  by  ballot,  153. 
names  of,  to  be  on  one  ballot,  154. 
to  be  elected  by  plurality,  156,  157. 

certificate  of  election  or  nomination,  157. 

arrangement  of,  on  ballot  captions  of  voting  machines,  167,  168. 

names  of,  to  be  printed  on  tally  sheet  for  voting  machine,  168. 
CANVAS,  gunpowder  carried  in  vehicles  to  be  covered  with,  65. 

powder  in  boat  to  be  covered  with,  65. 
CANVASSERS  AND  REGISTRATION.  BOARD  OF,  election,  129. 

to  receive  registration  of  persons  entitled   to   vote,   129. 

organization  of,  130. 

office  of,  to  be  open  as  required  by  law,  130.  ; 


304  INDEX. 

CANVASSERS  AND  REGISTRATION,  BOARD  OF— Continued. 

to  hold  canvass  meeting  in  each  ward,  130. 

final  canvass  meeting  in  office  or  elsewhere,  130. 

quorum  of.  for  registration  and  other  purposes,  130. 

registration  of  voters  to  be  before,  instead  of  before  city  clerk,  130. 

general  powers,  duties  and  obligations  of,  130,  131. 

to  count  ballots  cast  for  municipal  officers  and  propositions,  131. 

manner  of  counting,  determining  and  certifying  result  of  election,  131,  132. 

election  officers  to  make  return  to,  instead  of  to  city  clerk,  132. 

to  deliver  election  record  books  to  city  clerk,  133. 

penalty  for  false  action  or  record  by.  133. 

members  of,  may  administer  oaths,  133. 

powers  of,  as  a  returning  board,  133. 

wilfully  false  oath  in  proceedings  before,  to  be  deemed  perjury,  133. 

accountability  of,  for  fees,  133,  134,  137. 

voting  lists  to  be  furnished  by,  on  payment  of  fee,  134,  137. 

salary  of,  and  how  fixed,  129,  134. 

authority  of,  to  employ  clerical  assistance,  134. 

duplicate  map  of  division  of  city  into  wards  to  be  filed  with,  135. 

to  designate  polling  places  in  voting  districts,  135,  136. 

to  furnish  ballot  boxes  and  paraphernalia  for  elections,  135,  136. 
for  caucuses,  155. 

to  appoint  wardens,  clerks  and  supervisors,   13G. 

names  of  officers  and  members  of  city  committees  to  be  filed  with,  149. 

designation  of  day  for  holding  caucus  to  be  filed  wnth,  151. 

to  be  notified  of  date  selected  for  caucus,  151. 

to  provide  polling  places  for  caucuses,  and  give  notice,  151. 

to  hold  council  canvass  meeting  on  twenty-seventh  day  before  election,  154. 

duties  of,  in  preparation  of  voting  lists  for  special  caucuses,  154,  155. 

to  certify  and  deliver  voting  lists  for  caucuses,  155. 

return  of  result  of  caucus  to  be  made  to,  157. 

check  lists  used  at  caucus  to  be  certified  back  to,  157. 

to  be  reproduced  for  succeeding  caucuses  by,  157,  158. 
to  be  preserved  and  copies  furnished  by,  158. 

notice  to,  and  recount  by,  of  ballots  cast  at  caucuses,  158,  159. 
CANVASSING  of  voters  by  board  of  canvassers,  129. 
CANVASS  MEETINGS  for  elections,  when  to  be  held,  130. 

for  caucuses,  when  to  be  held,  154,  155. 

for  city  council  caucus,  notice  of,  154. 

for  special  city  council  caucus,   notice  of,   155. 
CAP  of  iron  or  stone  under  lintels,  girders  and  columns,  100. 

CAPITAL    STOCK   may   be   increased,    for   what   purposes,   by   street   railway   com- 
panies, 200,  202. 
CAPTAINS,  fees  of  harbor  master  to  be  paid  by,  218. 

duty  of.  to  remove  and  cleanse  vessel,  when,  231. 
CAPTION,  definition  of  ballot,  160. 

CARDS,  keepers  of,  to  be  deemed  disorderly  persons,  55. 
CARE  of  city  property  by  the  city  council,  13. 

of  lots  in  North  Burial  Ground,  273,  274. 

perpetual,  management  of  funds  for,  275. 


INDEX.  305 

CARELESSNESS,  power  of  mayor  to  prosecute  for,  8. 
CARGO  of  vessel,  duty  of  port  wardens  to  examine,  226--228. 
CARRIAGE,  limitation  and  regulation  of  gunpowder  in,  61. 

regulation  for  carrying  gunpowder  in,  65. 
CARRIER  SERVICE  by  Union  Railroad  Co.  for  other  street  railway  companies,  185. 
CARS  to  run  through  central  transfer  station,  194. 

city  council  may  regulate  operation  of,  182. 
CARTS,  power  of  city  council  to  license  and  regulate,  9. 

passing  over  drawbridges,  power  of  city  council  to  regulate,  10. 

obstructing  right  of  way  of  ambulances,  penalty,  49. 

sales  fi-om  in  street,  may  be  regulated,  49,  .50. 

sale  of  meats  and  fish  from,  exempted  from  license  fee,  50. 
exempted  from  regulation  by  board  of  aldermen,  69. 

limitation  and  regulation  of  gunpowder  in,  61. 

regulation  for  carrying  gunpowder  in,  65. 
CASINO  at  Roger  Williams  Parii,  loan  for,  270. 

CASTING  VOTE  only,  for  mayor  and  president  of  board  of  aldermen,  3. 
CATTLE  going  at  large,  authority  to  prevent,  57,  58. 

going  at  large  between  certain  hours,  prohibited,  58 :  penalty,  59. 
CAUCUS,  meaning  of.  in  Caucus  Act,  148. 

for  election  of  ward  committee,  149. 

certain  city  committees  may  regulate  right  to  participate  in.  149. 

notices  for  holding,  to  apply  to  party  members  only,  150. 

right  to  participate  in,  150,  154,  156. 

names  checked  on  check  list  of,  to  be  rejected  from  nomination  papers,  150. 

not  to  be  held  by  two  political  parties  on  same  day,  151. 

designation  of  day  for,  151. 

not  to  be  held  within  two  days  of  last  day  for  filing  nominations,  151. 

two,  on  successive  days,  not  to  be  held  by  same  political  party,  151. 

to  be  held  on  call  of  city  committee,  151. 

date  for  holding,  to  be  notified  by  city  committee,  151. 

places  for  holding,  151,  152. 

hours  for  holding,  152. 

who  to  call  to  order  and  preside  at,  153. 

regulation  of  voting  at,  153,  154. 

to  be  held  after  ten  days  after  annual  canvass,  154. 

voting  lists  used  at,  to  be  canvassed,  when,  154. 

for  city  council  to  be  held  within  twenty-five  days  of  municipal  election,  154. 

what  voting  lists  to  be  used  at  special,  154. 

special,  for  candidates  to  city  council,  canvass  meeting  for,  155. 

voting  lists  used  at,  to  be  duly  certified,  155. 

to  be  checked  in  special  color  for  each  party,  155. 
to  be. delivered  by  whose  order,  and  by  whom,  155. 

challenge  of  vote  at,  and  procedure  thereon,  156. 

adjournment  of,  157. 

check  lists  used  at,  to  be  certified  back  to  board  of  canvassers,  157. 

to  be  reproduced  by  board  of  canvassers  for  succeeding  caucuses,  157,  158. 
preservation  and  furnishing  of  certified  copies,  158. 

recount  of  ballots  cast  at,  158,  159. 

for  special  elections,  holding  of,  159,  160. 
39 


306  JNDEX. 

CAUCUS— Continued. 

penalties  for  violation  of  act  relating  to,   160. 

arrest  without  warrant  for  violation  of  act  relating  to,  161. 
CAUCUS  CLERK,  election  of,  152. 

to  be  qualified  elector  of  district,  152. 

to  be  member  of  political  party  at  whose  caucus  he  is  elected,  152. 

general  powers  and  duties  and  term  of  ofiice  of,  152. 

vacancy  in  office  of,  how  filled,  152. 

eligibility  of,  152. 

in  case  of  redivision,  appointment  of,  152. 

may  call  caucus  to  order  and  may  preside,  when,  153. 

who  to  act  in  absence  of,  153. 

to  be  elected  by  ballot,  153,  154. 

not  to  receive  ballot  which  by  law  he  is  required  to  refuse,  156. 

vacancy  how  filled,  in  case  of  tie  vote  for.  156. 

adjournment  of  caucus  on  failure  to  elect,  157. 

to  count  ballots  at  close  of  polls,  157. 

to  certify  lists  used  at  caucus  to  board  of  canvassers,  157. 

penalty  for  false  answer  to,  as  to  right  to  vote,  160. 
CAUCUS  OFFICERS,  meaning  of,  in  Caucus  Act,  148. 
CAUCUS  WARDEN,  election  of.  152. 

to  be  qualified  elector  of  ward,  152. 

to  be  member  of  political  party  at  whose  caucus  he  is  elected,  152. 

general  powers,  duties,  and  term  of  office  of,  152. 

vacancy  in  office  of,  how  filled,  152. 

eligibility  of,  152. 

in  case  of  redivision,  appointment  of,  152. 

to  call  caucus  to  order  and  to  preside,  153. 

who  to  act  in  absence  of,  153. 

to  be  elected  by  ballot,   153. 

delivery  of  ballot  boxes  and  supplies  to,  155. 

duty  of,  when  vote  is  challenged,  156. 

not  to  receive  ballot  which  by  law  he  is  required  to  refuse,  156. 

vacancy,  how  filled,  in  case  of  tie  vote  for,  156. 

adjournment  of  caucus  on  failure  to  elect,  157. 
to  be  to-day  designated  by,  157. 

to  count  ballots,  and  declare  result  at  close  of  polls,  157. 

to  deliver  certificates  of  election  or  nomination,  157. 

penalty  for  false  answer  to,  as  to  right  to  vote,  160. 
CAUSEWAYS,  building  of,  in  public  waters  above  Weybosset  bridge,  215,  216. 
CEILINGS,  regulation  of  smoke-pipes  near  combustible,  104. 

regulation  of  smoke-pipes  passing  beneath  wooden,  104. 
CELEBRATION  of  public  occasions,  appropriations  authorized  for,  24. 
CELLAR,  definition  of,  in  building  law,  91. 

limitation  and  regulation  of  gunpowder  in,  61. 

regulations  for  sanitary  condition  of,  230,  231. 
CELLAR  BOTTOMS  of  dwelling  house  or  hotel  on  made  laud,  95. 

air  space  between  basement  floor  and,  to  be  ventilated,  95. 
CELLAR  DOORS  in  streets,  powers  of  city  council  relative  to,  9. 

in  sidewalks,  power  of  sidewalk  commissioners  to  remove,  43. 


INDEX. 


307 


CEMENT  to  be  used  in  building  of  brick  or  stone  wall,  94. 

and  gravel  for  cellar  bottom  of  dwelling  house  or  hotel  on  made  land,  95. 

and  brick  for  cellar  bottom  of  dwelling  house  or  hotel  on  made  land.  95. 
CEMETERIES,  exempted,  how  far,  from  sewer  assessments.  32. 

CENTERING,  wooden,  supporting  trimmer  arch  to  be  removed  before  plastering,  104. 
CENTRAL  BRIDGE,  maintenance  of,  by  Providence  and  East  Providence,  42. 
CENTRAL  OFFICE  SYSTEM  of  fire  alarms,  loan  for,  272. 
CENTRAL  POLICE  STATION  loan,  272. 
CENTRAL  STATION    for  transfer  of  passengers,  193,  194. 
CERTIFICATES  of  elections  to  be  presented  to  mayor,  3.  ^ 

of  records  to  be  furnished  by  recorder  of  deeds,  5. 

of  registered  city  bonds.  20. 

of  strength  of  floors,  101. 

of  strength  of  floors,  when  posted,  not  to  be  removed.  102. 

of  exemption  from  requirement  of  fire-escape  law,  124. 

of  compliance  with  fire-escape  law.  124. 

to  be  void  if  building  is  materially  changed  in  form  or  use.  124. 

under  fire-escape  law  neglect  to  give  to  be  deemed  refusal  to  give,  127. 

of  election  to  be  issued  by  city  clerk,  132. 

of  election  officers  to  be  returned  to  board  of  canvassers,  132, 

penalty  on  board  of  canvassers  for  false,  133. 

board  of  canvassers  and  registration  may  compel  production  of,  133. 
to  collect  fee  for,  133,  134. 

of  returns  of  caucus  oSicers,  board  of  canvassers  to  furnish  forms  for,  155. 

of  election  of  candidates  at  caucuses,  157. 

of  matters  of  record  to  be  furnished  by  port  warden,  227,  228. 
CERTIFICATES  OF  NOMINATION,  caucuses  not  to  be  held  within  two  days  of 

last  day  for  filing,  151. 
CERTIFICATION  by  board  of  canvassers,  of  result  of  election,  132. 
CERTIFIED  COPIES  of  record,  to  be  furnished  by  justices  of  police  court,  16. 
CESSPOOL  under  sidewalk,  prohibited,  112. 

board  of  aldermen  may  require  destruction  of,  235. 
CHAIRMAN  of  committee  on  education  to  be  member  of  school  committee,  76. 

of  school  committee  to  be  trustee  of  teachers'  retirement  fund,  83. 

of  board  of  canvassers  and  registration,  election,  and  duties  of,  130. 

of  political  committees,  vacancy  in  oflice  of,  how  filled,  149. 

of  city  committee,  to  give  notice  of  date  selected  for  caucus,  151,  159. 
to  be  notified  of  places  for  holding  caucuses,  151,  159. 

of  committee  on  North  Burial  Ground,  to  be  ex-ofjlcio  commissioner,  276. 
CHALLENGE  of  voter  at  caucus,  and  proceedings  thereon,  156. 
CHANNEL,  vessel  with  powder  on  board   not  to  lie  north  of  India  Point,  64. 

penalty  for  encroachment  upon,  or  injury  to,  213. 
CHARGE  of  school  property,  vested  in  school  committee,  77. 
CHARITY,  able-bodied  persons  applying  for,  to  be  deemed  vagrants,  55. 
CHARTER  OF  THE  CITY  (of  1866,  superseding  the  original  charter  of  1832),  1--19. 

not  to  affect  pre-existing  city  laws,  or  vested  rights,  19. 
CHECK  LIST,  names  checked  on,  not  to  be  counted  on  nomination  papers,  150. 

to  be  certified  back  to  board  of  canvassers,  157. 

certified  copy  of,  to  be  prepared  for  succeeding  caucuses,  157,  158. 

used  at  caucus,  preservation  and  furnishing  certified  copies  of,  158. 


308  INDEX. 

CHECK  IjIST— Continued. 

used  at  caucuses,  penalty  for  falsifying,  160. 
CHECK-MARK,  on  caucus  voting  list,  to  be  made  in  party  color.  155. 
CHIEF  OF  FIRE  DEPARTMENT  to  be,  ex-oflicio,  president  of  fire  department,  71. 

may  inspect  and  remove  combustible  material  in  buildings,  7P>.  74. 
CHIEF  OF  POLICE,  to  be  elected  by  city  council  in  January.  11. 

appointment  and  removal  of  police  officers  by.  46. 

city  marshal  to  hold  office  until  election  of,  47. 

need  not  furnish  surety  for  costs,  47. 

may  enter  certain  buildings  with  what  powers,  48. 

may  command  aid,  48. 

to  detail  police  officers  for  delivery  of  voting  lists  at  caucuses.  1.55. 
•CHILDREN,  abandoner  of,  to  be  deemed  disorderly  person.  55,  56. 

provision  for  education,  in  normal  school  building,  78. 

of  school  age  required  to  attend  day  school,  79. 
CHIMNEYS,  powers  of  city  council  to  regulate,  9. 

alterations  of  buildings  not  affecting,  92. 

construction  of,  103. 

topping  of,  how  regulated,  103,  104. 

regulation  of  earthen  funnels  in,   104. 

to  be  made  safe  on  notice  from  inspector,  106. 

in  tenements  or  lodging  houses,  construction  of,  110. 
CHURCHES,  construction  of  roofs  and  floors  of,  101. 

excepted  from  fire-proof  construction  above  eighty  feet,  102.  103. 

not  required  to  maintain  fire  extinguishing  apparatus,  107. 

stairway  partitions  in,  to  be  fire-proof,  108. 

construction  of  overheads  beneath  floor  of  auditorium  in,  109.  110. 

fire-escapes  may  be  required  on,  117. 

in  second  building  district,  regulation  of  spire  of,  117,  118. 
CITY  AUDITOR,  money  not  to  be  drawn  until  vouchers  are  filed  with,  13. 

to  be  informed  of  deductions  from  teachers'  retirement  fund.  83. 
CITY  BONDS,  authority  for  ordinance  relative  to  registration  of,  20. 

limitation  of,  without  special  statutory  authority,  26.5. 

schedule  of  statutes  authorizing.  266-272. 

outstanding,  to  be  fulfilled  according  to    their  tenor,  265. 

taxation  not  limited  for  purpose  of  paying,  265. 
CITY  CHARTER  (of  1866,  superseding  the  original  charter  of  1832),  1-19. 

not  to  affect  pre-existing  city  laws,  or  vested  rights,  19. 
CITY  CLERK,  annual  election  on  first  Monday  in  January,  4. 

general  duties  of,  4. 

to  be  clerk  of  board  of  aldermen,  4. 

to  keep  record  of  fees  and  moneys  received  by  him,  4. 

ordinances,  rules  and  regulations  to  be  published  by,  13. 

to  give  notice  of  ward  meetings,  17. 

to  be  clerk  ex-officio  of  town  meetings,  19. 

fees  for  fireworks  licenses  to  be  paid  to,  60. 

liecenses  to  sell  gunpowder  to  be  signed  by,  61. 

fees  for  gunpowder  licenses  to  be  paid  to,  61. 

copy  of  notice  requiring  fire-escape  to  be  filed  with.  123. 

certificate  of  compliance  with  fire-escape  law  to  be  filed  in  office  of,  124. 


INDEX.  809 

CITY  CI. KRK— Continued. 

copy  of  notice  of  revocation  under  fire-escape  law  to  be  filed  with.  124. 

notice  of  appeal  under  fire-escape  law  to  be  filed  in  office  of,  12G. 

duties  of,  respecting  appeals  under  fire-escape  law,  12G,  127. 

board  of  canvassers  to  perform  what  duties  of,  129. 

registration  to  be  before  board  of  canvassers  instead  of,  130. 

result  of  elections  to  be  certified  to,  132. 

to  issue  certificates  of  election,  132. 

duty  of,  as  to  result  of  submission  of  questions  to  the  people,  132. 

to  notify  mayor  in  case  of  no  election,  132. 

election  returns  to  be  made  to  board  of  canvassers  instead  of.  132. 

commissioners  to  divide  city  into  wards  to  file  report  and  map  with.  1.3.5. 

map  of  redistricting  by  board  of  canvassers  to  be  filed  in  ofiice  of.  136. 

division  of  wards  filed  August  14,  1900,  in  office  of,  13S. 

certificates  of  nominations  at  caucuses  to  be  filed  in  office  of,  157. 

bj-  board  of  canvassers  and  registration  on  recount,  159. 
to  notify  secretarv  of  state  of  adoption  of  voting  machines,  164. 
to  designate  arrangement  of  ballot  caption  on  voting  machine,  167. 
to  be  notified  by  secretary  of  state  of  arrangement  of  ballot  captions,  167. 
to  furnish  supplies  for  equipment  of  voting  machine,  169. 
copy  of  report  and  plat  under  Betterment  Act  to  be  filed  in  oflSce  of,  251. 
to  give  notice  of  filing  of  report  under  Betterment  Act,  254. 
appraisers  of  estate  surrendered  under  Betterment  Act  to  report  to.  255. 
CITY  COMMITTEE,  how  constituted,  149. 

to  file  names  of  officers  and  members,  where,  149. 

powers  of,  subject  to  state  committee,  149. 

in  existence  March  29,  1901,  continued  in  office.  149. 

of  Providence  and  Newport  to  hold  ollice  from  first  day  of  January,  149. 

may  make  rules  for  party  membership,  149. 
caucuses  to  be  held  on  call  of,  151.  1.59. 
chairman  of,  to  be  notified  of  places  for  holding  caucuses,  151,  159. 

to  give  notice  of  date  selected  for  caucus,  151,  159. 
member  of,  or  candidate  for,  ineligible  to  be  caucus  officer,  152. 
to  appoint  caucus  ofiicers  in  case  of  redivision,  152. 
vacancy  in,  how  filled,  149. 
certificate  of  election  of  delegates  to,  157. 
tenure  of  office  of,  149,  161. 
CITY  COUNCIL,  how  composed,  3. 

to  have  powers  of  inhabitants  or  freemen,  2. 

may  impose  penalties  for  violation  of  ordinances,  2,  10. 

in  convention,  to  organize  city  government,  3.  137. 

mayor  to  preside,  with  casting  vote  onl}^  3. 

presiding  officer  in  absence  of  mayor,  3,  4. 
by  concurrent  vote  may  remove  officers,  12. 

to  exercise  legislative  powers,  12. 
members  are  ineligible  to  ofiice  of  profit  in  gift  of,  12. 

committee  of,  not  to  draw  against  appropriation  until  vouchers  are  filed,  13. 
ordinances  of,  form  of  amendment  or  repeal.  13. 
city  charter  not  to  affect  pre-existing  laws  of,  19. 
amount  paid  to  employees  in  public  works  not  to  exceed  appropriation  by,  28. 


310  INDEX. 

CITY  COVNCllj— Continued.  ' 

construction  and  maintenance  of  sewers  to  be  subject  to  control  of,  28. 
city  tax  to  be  collected  in  manner  ordered  by,  5. 
special  meetings  of,  may  be  called  by  the  mayor,  8. 
general  legislative  powers  of,  9,  10. 
may  assess,  collect  and  appropriate  taxes,  11. 
may  establish  public  schools,  11. 

may  provide  salary  instead  of  compensation  by  fees,  11. 
may  provide  for  returns  of  fees  or  moneys.  11. 
may  pass  permanent  salary  ordinance,  11,  12. 

to  see  that  moneys  are  not  paid  unless  granted  or  appropriated,  12. 
to  require  bonds  from  fiduciary  officers,  12,  13. 
to  have  care  and  control  of  city  property,  13. 
to  publish  annual  account  of  receipts  and  expenditures,  13. 

ordinances  and  regulations  of,  13. 
to  appoint  time  and  place  for  holding  town  meetings,  19. 
to  determine  source  of  city  water  supply,  35. 
to  have  power  of  general  assembly  as  to  harbor  line  from  Fox  Point  to  India 

Point,  219,  220. 
to  approve  plans  for  harbor  improvement,  225. 
may  provide  for  payment  of  city  debt  in  gold  or  currency,  22. 
may  use  for  general  purposes  certain  unexpended  balances,  23. 
may  charge  and  collect  fees  for  licenses  and  commissions,  23,  24. 
may  prescribe  rules  for  use  of  sewers,  34. 
may  prohibit  certain  animals  from  going  at  large,  57. 
may  declare  swine  running  at  large  forfeited,  58. 

may  levy  tax  to  reimburse  owner  of  building  destroyed  to  arrest  fire,  72. 
may  borrow  $300,000  annually  for  schoolhouses  and  lots,  82. 

appropriation  to  be  made  therefor,  82. 
may  extend  limit  of  operation  of  building  law  of  1843,  87. 
may  adopt  voting  machines  for  elections,  163,  164. 
may  grant  franchises  in  highways,  178—180. 

may  regulate  use  of  exclusive  rights  in  streets,  180,  182,  188,  189. 
may  require  Union  Railroad  Co.  to  substitute  one  street  for  another,  182. 
may  require  Union  Railroad  Co.  to  open  new  lines  of  road,  185. 
may  permit  operation  of  street  railways  by  any  lawful  motive  power,  178,  181, 

183,  189. 
may  grant  rights  to  street  railroad  to  cross  at  grade,  185,  190. 
may  authorize  contracts  between  city  and  railroad  companies.  192. 
may  revoke  rights  of  street  railways  in  streets,  199,  200. 
may  regulate  operations  of  Narragansett  Electric  Lighting  Co.,  205,  206. 
may  require  additional  lighting  facilities  to  be  furnished,  208. 
may  grant  right  to  build  railroad  depot  above  Weybosset  bridge,  216. 

to  lay  rails  over  public  lauds  and  watei-s,  217. 
may  fix  harbor  line  from  Dorrance  street  to  Sassafras  Point,  219. 
highway  not  to  be  established  except  on  request  of,  242. 
grade  of  platted  street,  may  be  defined  on  request  of,  242,  243. 
board  of  aldermen  to  lay  out  highways  on  request  of,  243,  244,  252. 
may  apply  for  commissioners  to  lay  out  highway,  245,  246. 
to  direct  proportion  to  be  assessed  under  Betterment  Act,  248,  253. 


INDEX.  311 

CITY  COV'SCI'L— Continued. 

maj'  agree  with  parties  before  confirmation  of  report,  249. 

may  elect  to  make  improvement  under  Betterment  Act,  249,  251,  253,  254. 

may  cause  portions  of  streets  to  be  turfed,  2G0,  261. 

to  regulate  sprinkling  of  streets,  261. 

authorized  to  hire  .$200,000  for  street  to  Prospect  street,  2G3. 

to  hire  $150,000  for  highway  purposes,  264. 
limitation  of  power  of,  to  incur  indebtedness  and  to  impose  taxes,  265. 
gifts  to  commissioners  of  North  Burial  Ground  to  be  accepted  by,  274. 
authorized  to  hire  .$150,000  for  certain  parks  and  parkway.  278,  279. 
may  make  ordinances  relative  to  plumbing  and  drainage,  280--282. 
may  establish  pension  fund  for  policemen  and  firemen,  287. 
municipal  lighting  plant  to  require  majority  concurrent  vote  of,  206. 
appropriation  by.  for  Rhode  Island  Hospital,  236. 

for  relief  of  policemen  and  firemen,  286,  287. 

for  public  schools  to  be  subject  to  order  of  school  committee,  78. 

for  public  schoolhouses  and  lots,  $300,000  annually,  82. 
lands  for  school  purposes  may  be  purchased  by,  78. 

may  be  condemned  by,  80. 
of  the 'year  1900  not  affected  by  redivision  of  city  into  wards,  137. 
caucuses  for,  to  be  held  within  twentj-five  days  of  municipal  eleciion,  154. 
canvass  meeting  for  special  caucus  to  fill  vacancy  in,  155. 
separate  machines  to  be  used  by  electors  voting  for  members  of,  164. 
trolley  system  not  to  be  used  without  permission  of,  186. 

Cable  Tramway  Co.  may  use  electricity  as  motive  power  by  consent  of,  190,  191. 
may  make  ordinances  relative  to  assize  of  bread,  9. 

burial  grounds  and  burial  of  the  dead,  9. 

chimneys  and  the  cleaning  thereof,  0. 

dealers  in  junk  and  second-hand  articles,  51. 

drawbridges.  10. 

electrical  wires,  10. 

encroachments  on  river  and  harbor,  9. 

fire  department,  9. 

footwalks,  sidewalks  and  conditions  in  the  streets,  9. 

harbor  master.  2l8. 

landing  places,  wharves  and  vessels,  9. 

lounging  on  bridges,  10. 

markets  and  market  places,  9. 

nuisances,  9. 

pplice  department,  9. 

property  in  possession  of  police,  10. 
,  public  health,  9. 

public  shows  and  exhibitions,  9. 

public  walks  and  buildings,  9. 

registration  of  coupon  bonds,  20. 

return  of  fees  or  moneys  received,  11. 

salaries,  11,  12. 

streets,  sidewalks  and  highways,  9. 

taverns  and  places  of  entertainment,  9. 

theatres  and  places  of  amusement,  9. 


312  INDEX. 

CITY  COUNCIL— Co (itinwerf. 

trees  planted  for  use,  ornament  or  shade,  9. 

vehicles  for  hire,  9. 
aldermen,  salary  to  be  fixed  by,  12. 
assessors  of  taxes,  to  be  elected  by,  5. 
assistant  inspectors  of  plumbing,  number  of,  may  be  fixed  by,  282. 

salary  of,  may  be  fixed  by,  282. 
board  of  appeal  under  fire-escape  law,  salary  may  be  fixed  by,  127. 
board  of  canvassers  and  registration,  to  be  elected  by,  129. 

compensation  of,  129,  134. 
board  of  public  works,  to  have  powers  of,  under  Water  Act,  28,  29. 
chief  of  police,  to  be  elected  by,  11. 
city  clerk,  to  be  elected  by,  4. 

to  perform  duties  prescribed  by,  4. 

record  of  money  received,  to  be  open  to  inspection  of,  4. 
city  ofiicers,  to  be  elected  by,  on  first  Monday  in  January,  3. 

salary  may  be  fixed  by,  11,  12. 
city  solicitors,  as  ofiicers  of  law  department,  election  or  appointment  by,  13,  14. 
city  treasurer,  salary  to  be  fixed  by,  6. 

may  be  authorized  by,  as  to  sale  of  city  bonds  or  notes,  22.' 
commissioner  of  public  works,  to  report  to,  27,  28. 

ofiicial    bond  of,  may  be  required  by,  31. 

may  have  certain  powers  conferred  by,  31. 

salary  may  be  fixed  by,  27. 
commissioners  of  sinking  funds,  may  be  established  by,  20,  21. 

to  report  to,  274. 
councilmen,  salary  of,  to  be  fixed  by,  12. 
deputy  city  treasurer,  salary  of,  to  be  fixed  by,  6. 

appointment  of,  to  be  approved  by,  6. 
deputy  superintendent  of  health,  to  be  appointed  by,  233. 
fire  commissioners,  to  be  elected  by,  72. 

term  of  office,  duties  and  compensation  to  be  fixed  by,  72,  73. 
fire  department,  to  be  subject  to  control  of,  72. 

presidents  of,  to  be  elected  by,  71. 
harbor  master,  duties  and  salary  of,  218. 
hawkers  and  peddlers,  may  be  licensed  by,  49,  50. 
house  of  correction,  may  be  regulated  by,  53. 

keeper  of,  may  be  elected  and  removed  by,  52,  53. 
inspector  of  beef  and  pork,  may  be  appointed  by,  234. 
inspector  of  buildings,  to  be  elected  by,  91. 

salary  may  be  fixed  bj',  92. 
inspector  of  plumbing,  to  be  elected  by,  281. 
law  department,  may  be  established  by,  13. 
mayor,  salary  to  be  fixed  by,  7. 
municipal  court,  judge  of,  to  be  appointed  by,  14. 

clerk  of,  to  be  appointed  by,  14. 
park  commissioners,  to  be  appointed  by,  277. 

police  court,  to  have  jurisdiction  of  offences  against  ordinances  of,  15,  16. 
port  wardens,  to  be  elected  by,  226. 
public  administrator,  to  be  appointed  by,  283,  285. 


INDEX.  313 

CITY  COV'SClLr— Continued. 

recorder  of  deeds,  to  be  elected  by,  4. 

to  perform  duties  prescribed  bj%  5. 

sidewalk  commissioners,  powers  vested  in,  45. 
powers  of,  may  be  delegated  by,  45. 

superintendent  of  health,  to  be  elected  by,  2o3. 

superintendent  of  North  Burial  Ground,  to  give  bond  required  by,  275. 

superintendent  of  public  buildings,  to  be  elected  by,  6. 
CITY  DEBT,  limitation  of,  without  special  statutory  authority,  205. 

schedule  of  statutes  authorizing,  206—272. 

outstanding,  to  be  fulfilled  according  to  its  tenor,  20.5. 

taxation  not  limited  for  purpose  of  paying,  205. 
CITY'  ENGINEER,  to  be  appointed  by  commissioner  of  public  works.  27. 

tenure  of  office  of,  27. 

salary  of,  how  fixed,  27. 

to  examine  buildings  reported  unsafe,  115. 

duties  of,  upon  receipt  of  notice  of  intention  to  build,  120. 
CITY  ENGINEER'S  DEPARTMENT  in  control  of  commissioner  of  public  works,  27. 
CITY  GOVERNMENT,  in  whom  vested,  2. 

organization  of,  3,  4. 

power  of  city  council  to  make  regulations  for,  9. 
CITY  HALL  loan,  208,  209,  271,  272. 

CITY  MARSHAL,  to  continue  in  ofiice  until  election  of  chief  of  police,  47. 
CITY  OFFICERS,  annual  election  of,  by  city  council,  .3. 

mayor  to  inspect  conduct  of  subordinate,  8. 

power  of  city  council  to  appoint,  11. 

compensated  by  fees,  salaries  may  be  substituted,  11. 

record  of  fees  received  to  be  kept  by,  11. 

salai.es  of,  may  be  fixed  by  city  council,  11,  12. 

to  be  elected  annually  unless  otherwise  provided,  12. 

removal  of,  by  city  council,  12. 

to  be  elected  in  convention  unless  otherwise  provided,  12. 

bonds  of,  to  be  fixed  by  city  council,  12,  13. 

to  be  elected  at  municipal  election  in  November,  17,  18. 

liability  of,  for  disregard  of  Point  Street  Bridge  Act,  41. 
CITY  OF  NEWPORT,  act  relative  to  political  committees  and  caucuses  in,  148-101. 
CITY  OF  PROVIDENCE.     See  also  C'ify  Council. 

inhabitants  of,  incorporated,  1. 

charter  of,  1. 

government  of.  in  whom  vested,  2. 

organization  of  government  of,  on  first  Monday  of  .January,  3. 

power  of  citj'  council  to  make  regulations  for  government  of,  9. 

authorized  to  acquire  lands  and  water  rights,  34-38. 

authorized  to  build  Point  street  bridge,  39,  40. 

liability  of,  for  disregard  of  Point  Street  Bridge  Act,  41. 

maintenance  of  Washington  bridge  by,  41,  42. 

maintenance  of  Central  bridge  by,  42. 

ambulance  of,  to  have  right  of  way,  49. 

may  establish  and  maintain  house  of  correction.  .52. 

40 


314  INDEX. 

CITY  OF  PROVIDENCE — Continued. 

to  pay  jailer  of  Providence  county  for  support  of  city  prisoners,  54. 

board  of  aldermen  may  order  disorderly  persons  to  depart  from,  54. 

power  of  constables  to  serve  civil  process  in,  70. 

may  take  improved  or  unimproved  lands  for  school  purposes,  T0--81. 

divided  into  two  building  districts,  89. 

appointment  of  commission  to  divide  the,  into  wards,   135. 

act  relative  to  political  committees  and  caucuses  in.  148--161. 

historical  notes  relative  to  franchises  in,  373--17T. 

authorized  to  make  contracts  with  railroad  companies,  191--193. 

location  of  transfer  stations  to  be  furnished  by,  194.  195. 

police  signal  and  fire  alarm  systems  not  affected  by  exclusive  rights  to  Electric 
Lighting  Co.,  205. 

not  precluded  from  establishing  municipal  lighting  plant,  206. 

right  of,  to  purchase  business  of  Narragansett  Electric  Lighting  Co.,  207. 

rate  of  charge  for  electric  lights  furnished  to.  209. 

to  become  seised  of  land  taken  under  Betterment  Act,  249. 

payment  by,  and  suits  against,  for  money  due  under  Betterment  Act.  250. 

limitation  of  indebtedness  and  taxation  of,  265. 
CITY  PROPERTY  to  be  in  care  and  management  of  city  council,  13. 

schedule  of,  to  be  published  annually,  13. 
CITY  REGISTRAR,  city  clerk  not  to  perform  duties  pertaining  to  office  of,  4. 

deputy  may  be  appointed  in  case  of  disability  of,  234. 

deputy  registrar  may  be  appointed  in  absence  of,  234. 
CITY  SERGEANT,  mayor  may  require  aid  of,  8. 

commitments  to  house  of  correction  may  be  served  by,  53. 

notices  of  taking  of  land  for  school  purposes  to  be  served  by,  80. 

orders  to  improve  sanitary  conditions  to  be  served  by,  232. 

notice  of  filing  of  commissioner's  report  to  be  served  by,  254. 
CITY  SOLICITOR,  election  of,  as  officer  of  law  department,  13,  14. 

violation  of  building  law  to  be  reported  to,  91. 
CITY  TREASURER,  to  collect  taxes  in  what  manner,  5. 

assessors  of  taxes  to  deliver  certified  copy  of  tax  assessment  to,  5. 

to  exercise  all  powers  of  collector  of  taxes,  5. 

may  appoint  deputies,  6. 

to  be  responsible  for  deputies,  6. 

salary  of,  to  be  fixed  by  city  council,  6. 

moneys  received  by  city  oSicers  to  be  paid  to,  11. 

fees  collected  in  municipal  court  to  be  paid  to,  14. 

to  be  elected  on  Tuesday  next  after  first  Monday  in  November,  18. 

to  hold  office  from  first  Monday  in  January,  18. 

new  election  in  case  of  refusal  to  accept  office  of,  18. 
death  before  qualification  in  office  of,  18. 

duty  of,  relative  to  registration  of  city  bonds,  20. 

authority  of,  to  accept  or  reject    bids  for  city  bonds,  22. 

to  hold  and  apply  receipts  from  sewer  assessments,  25. 

to  pay  certain  officers  of  public  works  department  monthly,  28. 

sewer  assessments  to  be  a  lien  from  date  certified  to,  30. 

duty  of,  as  to  collection  of  sewer  assessments,  30,  31. 


INDEX. 


315 


CITY  TREASURER— Co>i^i/n/cf7. 

one-half  of  forfeitures  under  Gunpowder  Act  to  be  paid  to,  66. 

bonds  of  constables  to  be  delivered  to,  70. 

cost  of  removal  of  combustible  material  from  buildings  to  be  paid  to,  74. 

to  be  trustee  and  treasurer  of  teacher's  retirement  fund,  8o. 

to  add  deductions  from  pay-roll  to  teacher's  retirement  fund,  83. 

board  of  canvassers  and  registration  to  pay  fees  to,  184,  137. 

returns  to,  of  gross  earnings  of  corporations,  179,  183,  187. 

special  tax  on  gross  earnings  of  certain  corporations  to  be  paid  to,  171>,  183,  187. 

returns  and  payments  of  Narragansett  Electric  Lighting  Co.  to,  207. 

to  pay  expense  of  removal  of  unsanitary  conditions  when,  230,  231. 

duty  of,  relative  to  assessments  for  watering  streets,  261,  262. 

superintendent  of  North  Burial  Ground  to  deposit  moneys  with,  27.5. 

bills  for  maintenance  of  North  Burial  Ground  to  be  paid  by,  27."). 

duties  of,  regarding  balances  in  hands  of  public  administrator,  28.5. 
on  disability  of  public  administrator,  285. 
CITY  TREASURY,  moneys  not  to  be  paid  from  unless  granted  or  appropriated,  12. 

money  not  to  be  drawn  from,  until  vouchers  are  filed,  13. 

fines  for  violation  of  building  law  to  be  paid  into,  120. 
CITY  WATCHMEN,  appointment  and  removal  of,  46. 
CITY  WATER,  provisions  for  introduction  and  supply  of,  34-37. 
CIVIL  ENGINEERS,  to  be  appointed  by  commissioner  of  public  works,  27. 

examination  and  certificate  of  strength  of  floors  by,  101. 

survey  of  unsafe  party  wall  by,  114. 
CIVIL  PROCESS,  not  to  be  served  by  special  police  constables,  47. 

constables  with  power  to  serve,  appointment  of,  69,  70. 
CIVIL  WAR  loan,  271. 

CLAIM  of  jury  trial,  notice  of  intention,  251,  252,  254. 

CLAMPS,  stone  facing  of  external  walls  to  be  tied  to  backing  by  means  of  metal,  98. 
CLAPBOARDS,  piling  of,  within  certain  limits  prohibited,  67,  68. 
CLAY  PIPES,  use  of,  as  chimneys,  how  regulated,  103. 
CLEANING  of  streets  and  sidewalks,  power  of  city  council  over,  9. 

of  chimneys,  power  of  city  council  relative  to,  9. 

of  unsanitary  premises,  may  be  compelled,  230,  231. 
CLERICAL  ASSISTANCE  to  board  of  canvassers,  employment  of,  134. 
CLERK  OF  BOARD  OF  ALDERMEN,  city  clerk  to  act  as,  4. 
CLERK  OF  COMMON  COUNCIL,  election  of,  6. 

engagement  in  office  and  duties  of,  6. 
CLERK  OF  MUNICIPAL  COURT,  to  be  appointed  by  city  council,  14. 

collection  and  disposition  of  fees  by,  14. 

to  record  proceedings  therein,  14. 

may  adjourn  court  in  absence  or  sickness  of  judge,  14. 

procedure  in  case  of  disqualification  of,  15. 
CLERK  OF  SUPREME  COURT,  notice  of  intention  to  claim  jury  trial  to  be  filed 
with,  254. 

to  give  notice  of  filing  of  corrected  report  under  Betterment  Act,  257. 
CLOSE  DISTRICT,  under  building  law,  defined,  89. 

to  include  buildings  on  both  sides  of  boundary  street,  90. 

historical  note  relative  to  placing  of  electric  wires  underground  in    175. 


316  INDEX. 

COAL  ELEVATORS,  within  close  limits  in  outer  building  district,  90. 

in  second  building  district,  regulation  of,  117,  118. 
COAL  HOLES  under  sidewalk,  regulation  of,  111,  112. 

not  to  be  left  open  or  unfastened,  112. 

application   for  permit  for,   113.  » 

COAL  SLIDES  in  sidewalks,  regulation  of,  111. 
COLD-AIR  BOX  of  furnace  to  be  fire-proof,  104. 
COLLECTION    of  taxes,  power  of  city  council  to  make,  11. 

of  assessments  under  Betterment  Act,  251. 

of  assessments  for  watering  streets,  262. 

of  taxes  to  be  according  to  laws  of  state,  13. 

and  disposition  of  fees  in  municipal  court,  11. 

of  sewer  assessments,  30. 

of  garbage,  board  of  aldermen  may  make  rules  for,  232. 
COLLECTOR  OF  TAXES,  city  treasurer  to  exercise  powers  and  duties  of,  5. 
COLLEGE,  protection  to  life  from  fire  in,  122-128. 

COLLEGE  STREET,  Providence  Cable  Tramway  Co.   may  operate  cars  in,  188. 
COLOR  of  check  mark  to  distinguish  party  caucuses,  155. 
COLUMNS  of  iron  under  external  walls.  98. 

isolated  brick  pier  to  have  cap  iron  or  cap  stone  under,  100. 

supported  by  brick  wall. or  pier,  to  rest  on  iron  plate  or  cap  stone,  100. 

supporting  wall  of  masonry,  to  have  footing  course  of  stone,  100. 
COMBINATION  of  name  of  political  party  with  other  words,  prohibited,  151. 
COMBUSTIBLE  MATERIALS  in  buildings,  inspection  by  fire  department,  73. 
COMMISSION,  acting  judge  of  municipal  court  to  receive,  15. 

authority  for  collection  of  fee  for,  23,  24. 

to  divide  city  into  not  exceeding  twelve  wards,  appointment  of,  135. 
compensation  and  expenses  of,  how  paid,  137,  138. 
report  of,  dividing  city  into  wards  and  districts,  138. 
COMMISSIONER  not  to  draw  money  from  treasury  until  vouchers  are  filed,  13. 
COMMISSIONER  OF  PUBLIC  WORKS,  to  be  appointed  by  the  mayor.  20   27. 

may  employ  a  secretai-y,  26,  28. 

city  council  may  fix  salary  of,  27. 

to  have  powers  and  duties  of  board  of  public  works,  27. 

to  have  control  of  engineering  department,  27. 

to  appoint  city  engineer  and  subordinate  engineers,  27. 

to  fix  salaries  of  engineers  subject  to  approval,  27. 

to  make  reports  on  bridges,  27,  28. 

may  hire  employees  in  his  department,  28. 

to  have  charge  of  construction  and  maintenance  of  sewers,  28. 

power  of,  to  make  assessments  under  Sewer  Acts,  29. 

to  prescribe  rules  for  connecting  with  sewers,  30. 

sewer  assessments  to  be  a  lien  from  dates  certified  by,  30. 

to  have  powers  of  surveyors  and  commissioners  of  highways,  31. 

to  have  charge  of  construction  and  maintenance  of  all  public  bridges,  27. 

city  council  may  confer  powers  of  construction  and  maintenance  upon,  31. 

official  bond  may  be  required  by  city  council  from,  31. 

connections  with  sewers,  may  be  built  by,  33. 

may  require  removal  of  rubbish  from  building  operations,  94. 

permit  for  removal  of  building    to  be  approved  by.  113. 


INDEX.  317 

COMMISSIONER  OF  PUBLIC  WORKS— Co»/i«»(rf. 

lamp  posts  not  to  be  disturbed  except  by  consent  of.  113. 
tree  not  to  be  cut  without  consent  of,  113. 
shelter  over  sidewalk  may  be  removed  by,  when,  122. 
may  remove  obstructions  on  layout  of  highway.  244. 
authority  of,  relative  to  trees  in  the  highway,  259,  200. 
may  be  authorized  to  water  the  streets,  261. 
powers  of,  not  abridged  by  Street  Watering  Act.  2(>2. 
COMMISSIONERS  OF  ESTIMATE  AND  ASSESSMENT,  appointment,  245,  246. 
duties  of,  under  Betterment  Act.  240--248. 
action  of  Supreme  Court  on  report  of,  248,  249. 
to  file  copy  of  report  and  plat  in  city  clerk's  office,  251. 
fees  and  expenses  of,  to  be  paid  by  city,  251. 
appeal  from  report  of,  251,  254. 

to  assess  what  proportion  of  loss  and  damage.  248,  253. 
appeal  from  recommitted  and  corrected  report  of,  257,  258. 
COMMISSIONERS  OF  FIRE  DEPARTMENT  to  be  elected  by  city  council,  72. 
term  of  office,  duties,  compensation  of,  to  be  fixed  by  city  council,  72,  73. 
powers  of,  to  inspect  and  remove  combustible  material  in  buildings.  73.  74. 
COMMISSIONERS  OF  HIGHWAYS,  commissioner  of  public  works  to  have  pow- 
ers of,  31. 
office  of.  terminated  by  election  of  board  of  public  works,  31. 
COMMISSIONERS  OF  NORTH  Bi:rRIAL  GROUND,  how  constituted.  276. 
trust  funds  may  be  conveyed  or  devised  to.  273,  274. 

not  exempted  from  application  for  debts  of  settler.  274. 
not  to  take  effect  until  accepted  by  city  council,  274. 
surplus  of,  to  be  applied  to  general  improvement,  274. 
to  keep  accounts,  and  report  annually  to  city  council,  274. 
to  transfer  perpetual  care  funds  to  commissioners  of  sinking  funds.  275. 
to  serve  without  compensation,  274. 
commissioners  of  sinking  funds  to  pay  income  to,  275. 
bills  to  be  approved  by.  275. 
COMMISSIONERS  OF  PARKS,  may  be  appointed  by  city  council,  277. 
COMMISSIONERS  OF  SIDEWALKS,  powers  of,  43--45. 
powers  of.  vested  in  city  council,  45. 

may  be  delegated  by  city  council.  45. 
delegated.     See  Rei:ised  Ordinances  of  1899,  page  119. 
COMMISSIONERS  OF  SINKING  FUNDS,  authority  to  establish  board  of,  20,  21. 
to  have  powers  of  trustees  of  former  sinking  funds,  21. 
duties,  as  to  perpetual  care  funds,  275. 
COMMISSIONERS  OF  WATER,  office  of,  terminated  by  election  of  board  of  public 

works,  31. 
COMMITMENT  of  prisoners  by  police  court,  16. 

to  house  of  correction,  form,  service  and  record,  53. 

by  whom,  and  for  what  offenses,  53,  54. 
to  prison  for  refusal  to  leave  the  city  on  order.  55. 
of  vagrants  or  disorderly  persons,  56. 
CO^NIMITTEE,  not  to  draw  money  from  treasury  until  vouchers  are  filed,  13. 
COJIMITTEE  ON  EDUCATION,  chairman  of,  to  be  member  of  school  committee.  76. 


318  INDEX. 

COMMITTEE  ON  NORTH  BURIAL  GROUND,  approval  of  bills  by,  275. 

chairman  of,  to  be  commissioner  of  North  Burial  Ground,  276. 
COMMON  CARRIER,  obligation  of  Union  Railroad  Co.  to  act  as,  185. 
COMMON  COUNCIL,  number  of  members  of,  to  be  forty,  2. 
is  part  of  city  council.  3. 

to  attend  at  organization  of  city  government,  3. 
members  of,  to  be  engaged  in  office  by  the  mayor,  3. 
members  of,  to  sit  and  act  together,  6. 
to  choose  annually  a  president  and  a  clerk,  6. 
council  clerk  to  perform  duties  prescribed  by,  6. 
rule  in,  for  entering  yeas  and  nays  on  journal,  6. 
may  determine  the  rules  of  its  proceedings,  7. 
may  judge  of  elections  of  its  own  members,  7. 
may,  in  certain  cases,  order  new  elections,  7. 
majority  of  members  to  be  quorum  of,  7. 
special  meetings  of,  may  be  called  by  the  mayor,  8. 
duty  of  mayor  to  communicate  by  messages  to,  8. 
matters  requiring  concurrent  action  of.  to  be  presented  to  mayor,  8. 
to  have  negative,  in  legislative  matter,  on  board  of  aldermen,  12. 
committee  or  commission  of,  not  to  draw  for  money  until  vouchers  are  filed,  13. 
may  require  reports  on  bridges  from  commissioner  of  public  works,  27,  28. 
president  of,  to  be  ex-officio  member  of  school  committee,  76. 
COMMON  COUNCILMEN  to  attend  at  organization  of  city  government,  3. 
engagement  in  office  by  the  mayor,  3. 

city  clerk's  record  of  moneys  received  to  be  open  to  inspection  of,  4. 
vacancy  in  office  of.  may  not  be  filled  by  city  council,  12. 
salary  of,  to  be  fixed  by  city  council,  12. 

to  receive  no  other  emolument  or  compensation.   12. 
to  be  ineligible  to  office  of  profit  in  gift  of  city  council.  12. 
to  be  elected  Tuesday  next  after  first  Monday  in  November,  17,  18,  137. 
to  hold  office  from  first  Monday  in  January,  18. 
to  be  qualified  voter  and  resident  of  ward,  18. 
new  election  in  case  of  vacancy  in  office  of,  7. 

of  refusal  to  accept  office  of,  18. 

death  before  qualification  in  office  of,  18. 
separate  machines  to  be  used  by  electors  qualified  to  vote  for,  164. 
COMMON  PLEAS  DIVISION,  appeal  from  police  court  to,  17. 

appeal  from  taking  of  land  for  school  purposes  to,  81. 
COMMON  PROSTITUTES,  to  be  deemed  vagrants,  55. 

to  be  deemed  disorderly  persons,  55,  56. 
COMMON  SHOWMAN  to  be  deemed  disorderly  person.  56. 
COMPENSATION  of  mayor  to  be  fixed  by  city  council,  7. 

of  aldermen  and  common  councilmen  to  be  fixed  by  city  council,  12. 
of  chief  of  police  to  be  fixed  by  city  council,  11. 
of  city  officers  may  be  fixed  by  citj'  council,  11. 

by  fees  may  be  replaced  by  salary,  11. 

beyond  salary  prohibited,  7,  12. 
of  city  treasurer,  to  be  fixed  by  city  council,  6. 
of  commissioner  of  public  works  to  be  fixed  by  ordinance,  27. 


INDEX.  319 

COMPENSATION— C'o«/nn/cf/. 

of  officers  and  employees  in  public  works  department,  how  fixed  and  paid,  28. 
of  fire  commissioners,  72. 

of  engineers,  to  be  fixed  bj-  commissioner  of  public  works,  27. 
assessments  from,  for  teacher's  retirement  fund.  83. 
of  inspectors  of  plumbing,  to  be  fixed  by  city  council,  282. 
of  inspectors  of  buildings  may  be  fixed  by  city  council.  92. 
of  board  of  appeal  under  fire-escape  law,  127. 
of  board  of  canvassers  and  registration,  129,  134. 
of  assistants  to  board  of  canvassers  and  registration,  134. 
of  wardens,  clerks  and  supervisors,  13G. 

of  harbor  master,  city  council  may  pass  ordinances  relative  to,  218. 
limitation  on  increase  or  diminution  of,  12. 
commissioners  of  North  Burial  Ground  to  serve  without.  274. 
for  damages  from  abandonment  of  highway,  258. 
COMPLAINT  AND  WARRANT,  proceedings  in  police  court  to  be  commenced  by.  16. 
fines  and  penalties  to  be  recovered  in  police  court  on.  IG. 
police  court  may  take  recognizance  of,  16. 
justices  of  police  court  may  vary  form  of.  IG.  17. 
prosecutions  for  unwholesome  provisions  to  be  by.  230. 
for  unsanitary  conditions  to  be  by,  2.30. 
•CONCERTS,  appropriation  authorized  for  band,  24. 
CONCRETE,  foundations  of  permsment  buildings  may  rest  upon.  94. 
for  cellar  bottom  of  dwelling  house  or  hotel  on  made  land,  9.5. 
CONCURRENCE,  matters  passed  in,  to  be  presented  to  mayor,  his  veto  power,  8. 
CONCITRRENT  VOTE  to  be  presented  to  mayor,  his  veto  power.  8. 
city  council  may  remove  oflScers  by,  12. 
legislative  powers  of  city  council  to  be  exercised  by.  12. 
justices  of  police  court  to  be  elected  by,  15. 

keeper  and  officers  of  house  of  correction,  may  be  removed  by,  53. 
park  commissioners  to  be  appointed  by,  277. 
CONDEMNATION  of  lands  for  school  purposes,  79-81. 

highway  under  Betterment  Act  not  affected,  when,  by  defect  in,  256. 
CONDITIONS  of  recognizance  in  police  court.  16. 

may  be  imposed  on  discharge  of  prisonei-,  56,  57. 
of  discharge,  recommitment  of  persons  failing  to  fulfill.  57. 
CONDUCT  of  city  affairs,  in  whom  vested,  2. 

of  subordinate  officers,  mayor  to  inspect,  8. 
of  elections,  paraphernalia  for,  135. 
CONDUCTORS  for  water,  from  bay  or  oriel  window,  construction  of.  102. 
CONDUITS,  penalty  for  injury  to  city,  37. 

of  Providence  Telephone  Company,  historical  note  concerning.  17G,  177. 
in  streets,  exclusive  right  to  use,  may  be  granted,  178. 
use  of,  may  be  regulated  by  city  council,  180. 
CONFINEMENT  at  house  of  correction  to  be  according  to  sentence,  54. 
CONFIRMATION  of  report  of  commissioners  of  estimate  and  assessment,  248. 

damages  to  be  paid  within  four  months  after,  250. 
CONNECTIONS  with  sewers,  receipts  for,  must  be  applied  to  sinking  fund,  25. 
with  sewers,  assessment  for  sewer  gives  right  of,  when,  30. 
may  extend  inside  of  curb  line,  33. 


320  INDEX, 

CONSENT  of  mayor  and  aldermen  to  appointment  and  removal  of  police  officers,  46. 

of  owners,  highway  may  be  established  on,  240,  241. 
CONSIGNEE  of  vessel,  to  pay  expense  of  survey  by  port  warden,  228. 
CONSOLIDATED  ROAD,  historical  note  relative  to  franchise  of,  177. 
CONSTABLES,  mayor  may  require  aid  of,  8. 

may  serve  process  from  municipal  court,   14. 

may  serve  process  from  police  court,  17. 

appointment  and  removal  of  police,  4G. 

special,  appointment  of,  for  not  more  than  three  days,  47. 
to  have  powers  of  constables  except  civil  process,  47. 

commitments  to  house  of  correction  may  be  served  by,  53. 

with  power  to  serve  civil  process,  appointment  of,  09,  70. 
removal  and  revocation  of,  70. 

appointed  by  board  of  aldermen,  powers  of,  70. 

appointed  otherwise,  powers  of  in  Providence,  70. 
CONSTITUTION,  members  of  city  council  to  be  engaged  to  support  the.  3. 

election  officers  to  be  able  to  read  the,  136. 

arrangement  on  voting  machine  of  propositions  to  amend  the,  1()7,  168. 
CONSTRUCTION  of  theatres,  powers  of  city  council  relative  to,  9. 

of  bridges,  commissioner  of  public  works  to  have  charge  of,  27,  31. 

of  buildings  to  conform  to  building  law,  92. 

of  sewers  and  drains,  28. 

of  school  buildings,  city  council  to  expend  appropriations  for,  78. 
CONTAGIOUS  DISEASE  in  dwellings,  duty  of  superintendent  in  case  of,  230,  231. 

contract  with  Rhode  Island  Hospital  for  care  of,  236,  237. 
CONTEMPT,  city  courts  may  punish  for,  14, 

board  of  canvassers  and  registration  may  punish  as  for,  133, 

police  court  may  punish  for,  16, 
CONTINUANCE  of  complaint,  police  court  may  take  bail  upon,  16. 
CONTRACTS  between  school  committee  and  trustees  of  normal  school  authorized,  78. 

relative  to  franchises  in  streets,  178-180. 

between  city  and  railroad  companies  authorized,  191--193. 

of  city  to  be  fulfilled  according  to  their  tenor,  265. 

with  Rhode  Island  Hospital  may  be  made  by  mayor,  236,  237. 

respecting  land  taken  under  Betterment  Act,  how  treated,  249. 
CONTRIBUTION  may  be  enforced  by  life  tenant  paying  sewer  assessment,  32,  33. 
CONVENTION,  meetings  in,  for  organization  of  city  government,  3. 

meetings  in,  for  election  of  officers,  3. 
presiding  officer  at,  3,  4. 

city  clerk  to  be  elected  in,  4, 

assessors  of  taxes  to  be  elected  in,  5. 

superintendent  of  public  buildings  to  be  elected  in,  6. 

elections,  unless  otherwise  provided,  to  be  in,  12, 

inspector  of  buildings  to  be  elected  in,  91, 

members  of  board  of  canvassers  to  be  elected  in,  129, 

political,  to  be  held  in  accordance  with  Caucus  Act,  151. 

vacancy,  how  filled,  in  office  of  delegate  to,  1.56, 

secretary  of,  to  be  notified  of  vacancy  in  delegation,  156, 

adjournment  of  caucus  on  failure  to  elect  majority  of  delegation  to,  157. 

certificates  of  election  of  delegates  to,  157. 


INDEX.  321 

CONVENTION— Continited. 

superintendent  of  health  to  be  elected  in,  233. 

inspector  of  plumbing  to  be  elected  in,  281. 
CONVEYANCES,  city  clerk  not  to  discharge  duties  of  town  clerk  in  recording  of,  4. 

to  be  recorded  by  recorder  of  deeds.  4,  5. 
COOKING  RANGES,  regulation  of,  305. 
COOK  SHOPS,  powers  of  city  council  relative  to,  9. 
COPIES  of  records  to  be  furnished  by  recorder  of  deeds,  5. 

certified,  of  record,  to  be  furnished  by  justices  of  police  court,  16. 

board  of  canvassers  and  registration  to  collect  fees  for,  133,  134. 

of  voting  lists,  board  of  canvassers  to  furnish  certified,  134,  137. 

for  caucuses,  board  of  canvassers  to  certify  and  deliver,  155. 

of  report  and  plat  under  Betterment  Act  to  be  filed  in  city  clerk's  ofiice,  251. 
COPING  of  party  walls,  construction  of,  99. 
CORBELLING,  thickness  of  walls  when  floor  joists  rest  on  brick,  97. 

to  be  well  bonded  into  walls,  97. 

of  party  walls,  construction  of,  99. 

gutter  stone  on  end  of  party  wall  to  be  equivalent  to,  when.  99.  • 

CORNICE,  party  wall  to  be  corbelled  to  outer  edge  of,  99. 

of  stone,  to  be  balanced  firmly  on  wall,  98. 

incombustible  nature  of,  original  and  when  replaced,  102. 
CORPORATIONS  exempt  from  taxation,  are  liable  under  Sidewalk  Act,  44,  45. 

grants  of  exclusive  rights  in  streets  to,  178--180. 
CORPSE,  of  human  being  dying  within  city,  burial  of,  276. 
CORRECTION,  of  report  of  commissioners  of  estimate  and  assessment,  257. 
CORRECTION,  HOUSE  OF,  powers  of  mayor  under  acts  relating  to,  8. 

police  court  may  commit  to,  16. 

keeper  of,  and  other  oflicers,  election  and  removal  of,  52,  53. 

city  council  may  establish  rules  for  government  of,  53. 

to  be  deemed  a  common  jail  within  statute  of  habeas  corpus,  53. 

commitments  to,  form,  service  and  record  of,  53. 

may  be  to  county  jail  until  establishment  of,  53,  54. 
CORRIDORS,  construction  for  lighting  and  ventilation  of,  110. 
COSTS,  taxed  by  police  court  to  be  part  of  sentence,  17. 

on  police  court  appeals,  how  disposed  of,  17. 

on  delinquent  payment  of  sewer  assessment,  31. 

surety  for,  chief  of  police  need  not  give,  47. 

deputy  chief  of  police,  in  absence  of  chief,  need  not  give,  47. 

of  prosecution,  imprisonment  on  default  of  payment  of,  56. 

of  removal  of  combustible  material  from  buildings,  74. 

of  rebuilding  party  wall,  how  apportioned,  114. 

of  repair  of  unsafe  building,  when  to  be  a  lien,  115. 

on  appeal  from  order  to  repair  unsafe  building,  116. 

on  appeal  under  fire-escape  law,  127. 

of  arbitration  between  city  and  electric  lighting  company.  210. 

on  discontinuance  of  proceedings  under  Betterment  Act,  251. 

on  appeal  under  Betterment  Act,  how  taxed,  252. 

on  appeal  from  assessment  for  watering  street,  262. 
COTTON  WASTE,  penalty  for  unlawful  storage  of,  59. 
41 


822  INDEX. 

■COUNCIL.     See   City   Council;   Common    Council. 

COUNTING  OF  BALLOTS,  by  board  of  canvassers  and  registration,  131,  132. 

candidate  may  be  heard  for  or  against,  132. 

penalty  on  board  of  canvassers  for  false,  133. 

by  election  officers,  136. 

when  voting  machines  are  used,   171. 

by  caucvis  officers,  157. 
COUNTY  JAIL,  PROVIDENCE,  police  court  may  commit  to.  Id. 

commitment  to,  may  be  made  by  whom  and  for  what  offences,  .53,  54. 

imprisonment  in,  for  default  of  fine  and  costs,  5G. 

keeper  of,  payments  to,  for  support  of  city  prisoners,  54. 
COUPON  BONDS,  city  council  may  provide  for  registration  of,  20. 
COURSE,  foundation  walls  to  rest  on  proper  base  or  footing,  95. 

in  brick  walls  every  ninth  course  to  be  a  heading,  98. 

good,  hard,  perfect  brick  to  be  used  for  heading,  98. 

footing,  of  pier  or  column  supporting  masonry,  100. 
COURTS,  power  of  city  to  establish,  2. 

judicial  powers  of  the  city  to  be  exercised  by  two,  14. 
CREDENTIALS  of  aldermen  and  common  councilmen,  3. 
CROSSING  of  street  railways  at  grade,  how  regulated,  185. 

CROSS  TOWN    railways,  contracts  with  railroad  companies  may  provide  for,  192. 
CROSS  WALLS,  thickness  of  bearing  walls  without,  97. 
CURBING,  connections  with  sewers  may  be  extended  inside  the,  33. 
CURRENCY,  city  council  may  pay  city  debt  in.  22. 
CUSTODY  of  city  property  to  be  in  the  city  council,  13. 

of  school  property  vested  in  school  committee,  77. 
CUTTING  of  trees  forbidden  without  consent  of  commissioner,  113. 


DAMAGES,  release  of,  as  condition  of  right  to  connect  with  sewer,  30. 
for  injury  arising  from  prohibited  use  of  sewer,  34. 

for  lands  and  water  rights  taken  for  city  water  works  how  recovered,  36. 
may  be  recovered  for  injury  to  water  works,  37. 

to  lands  owned  in  different  interests,  assessment  and  apportionment  of,  38. 
to  harbor,  power  of  city  council  to  regulate,  9. 
resulting  from  illegal  storing  of  lime,  penalty  for,  67. 
for  injuries  to  Point  street  bridge,  41. 

on  appeal  from  condemnation  of  land  for  school  purposes,  81. 
from  explosion  of  gunpowder  illegally  kept,  64. 
to  buildings,  to  be  examined  by  inspector  of  buildings,  91. 
arising  from  coal  hole  or  sidewalk  vault,  responsibility  for,  112. 
from  moving  of  building  to  be  repaired  by  mover.  113. 
from  rebuilding  party  wall,  how  apportioned,  114. 
on  appeal  from  order  to  repair  unsafe  building,  116. 
for  injury  resulting  from  absence  of  fire-escape,   125. 
to  goods  on  board  vessel,  duty  of  port  wardens  to  examine,  226-228. 
under  Betterment  Act,  how  estimated  and  assessed,  247. 

how  reported  to  supreme  court,  247,  248. 

jury  trial  on,  248. 


INDEX.  3:^3 

VAyi  AGES— Continued. 

under  Betterment  Act  may  be  settled  by  agreement,  249. 

difference  between  report  and  verdict,  how  paid,  249. 
when  to  be  paid  and  how  to  be  sued  for.  250. 
costs  of  jury  trial  on  appeal,  how  taxed,  252. 
what  proportion  of.  to  be  assessed.  248,  253. 

on  abandonment  of  highway,  258,  259. 

for  injury  to  trees  by  animals,  action  for.  260. 
DAMPNESS  in  tenement  houses  to  be  prevented,  110. 
DAMS  for  purposes  of  water  supply,  power  of  city  to  make,  35. 
DANCING,  exhibitor  of  wire  or  rope,  to  be  deemed  disorderly  person,  50. 
DATE  of  ward  meetings,  city  clerk  to  give  notice  of,  17. 

for  holding  caucus,  to  be  notified  by  city  committee,  151. 

of  holding  town  meetings  to  be  appointed  by  city  council,  19. 
DAY  SCHOOLS,  children  of  school  age  required  to  attend,  79. 
I)AY  TIME,  coal  hole  not  to  be  left  open  or  unfastened  during.  112. 
DEAD,  powers  of  city  council  to  regulate  burial  of  the,  9. 
DEAD  BODY,  of  human  being  dying  within  the  city,  burial  of,  276. 
DEALING  in  junk  or  second-  hand  articles,  license  for,  51. 
DEATH  of  mayor,  president  of  board  of  aldermen  to  act,  3,  4. 

new  election  in  case  of  vacancy  in  office  by,  7. 

before  qualification  in  office,  new  election  in  case  of,  18. 

of  chief  of  police,  deputy  chief  need  not  furnish  surety  for  costs  in  case  of,  47. 

resulting  from  absence  of  fire-escape,  damages  for,  125. 
DEBT  of  city,  limitation  of,  without  special  statutory  authority.  265. 

schedule  of  statutes  authorizing,  266-272. 

outstanding,  to  be  fulfilled  according  to  its  tenor.  205. 

public  administrator  may  sell  real  estate  for  payment  of,  284. 
DEBTS,  gifts  to  North  Burial  Ground  not  exonerated  from,  274. 
DECEMBER,  organization  of  school  committee  on  first  Tuesday  in.  77. 

term  of  office  of  school  committee  to  begin  on  first  Tuesday  in,  137. 
DECENCY,  penalty  for  intoxication  in  violation  of,  50. 
DECLARATION    of  result  of  elections.  131.  132. 

of  result  of  elections  by  voting  machines.  171. 

as  public  highway,  of  layout  under  Betterment  Act.  252. 
DECREASE  of  salary,  limitation  of.  12. 
DECREES  of  municipal  court  to  be  recorded.  14. 

abandoning  highways,  appeals  from.  259. 
DEDUCTIONS  to  be  made  from  salaries  for  teachers'  retirement  fund,  S3. 
DEED,  trust  for  care  of  lot  in  North  Burial  Ground  may  be  created  by,  273. 
DEEDS,  RECORDER  OF,  to  be  elected  by  city  council,  4. 

general  duties  of,  4,  5. 

description  of  land    taken  for  school  puri^oses  to  be  recorded  by.  80. 

Deputy,  may  be  appointed  and  removed  by  mayor.  5. 
DEFACING  of  Point  street  bridge,  penalty  for,  41. 
DEFAULT  in  payment  of  fine  and  costs,  imprisonment  for.  56. 
DEFECT  in  construction  or  care  of  coal  hole  or  sidewalk  vault,  liability  for.  112. 

in  condemnation  proceedings,  not  to  affect  layout  of  highway,  when.  256. 
DEFICIENCY  of  sewer  receipts  to  be  made  good  by  city  council,  25. 


324  INDEX. 

DEFINITION  of  words  and  phrases  used  in  building  law,  90,  9L 

of  words  and  phrases  used  in  caucus  law,  148. 
in  voting  machine  law,  166,  167. 

of  grade  for  platted  way,  on  request,  242,  243. 
DELEGATE  to  convention,  candidate  for,  ineligible  as  causcus  officer,  152. 

elected  at  caucuses,  to  be  voted  for  by  ballot.  153. 

to  convention,  vacancy  in  ofBce  of,  how  filled,  156. 

adjournment  of  caucus  on  failure  to  elect  majority  of,  157. 
caucus  warden  to  deliver  certificates  of  election  to,  157. 
DELIVERY  of  voting  lists  by  board  of  canvassers,  129. 

of  election  returns  to  board  of  canvassers,  132. 

of  ballot  boxes  and  supplies  to  caucuses,  155. 
DEMAND  for  jury  trial  under  Betterment  Act,  251,  252,  254,  257.      , 
DEPARTMENT  of  protection  from  fire,  71--74. 

of  health,  229-237. 

of  police,  46-70. 

of  public  works,  26-45. 

of  schools,  75-84. 
DEPENDENTS  of  firemen  and  policemen,  appropriations  may  be  made  for,  286. 
DEPOSIT  of  building  materials  or  rubbish  in  street  prohibited,  94. 
DEPOT,  on  land  covered  by  public  waters  above  Weybosset  bridge,  216. 
DEPUTY  CHIEF  OF  POLICE  need  not  furnish  surety  for  costs,  47. 
DEPUTY  CITY  REGISTRAR,  may  be  appointed  by  board  of  aldermen,  234. 
DEPUTY  CITY  TREASURER,  may  be  appointed  by  city  treasurer,  6. 

to  give  bond,  0. 

salary  of,  to  be  fixed  by  city  council,  6. 
DEPUTY  RECORDER  OF  DEEDS,  may  be  appointed  by  the  mayor,  his  duties,  5. 

may  be  removed  from  oflice  by  the  mayor,  5. 
DEPUTY  SHERIFF,  mayor  may  require  aid  of,  8. 

DEPUTY  SUPERINTENDENT  OF  HEALTH,  city  council  may  appoint,  233. 
DESCENT,  gifts  under  North  Burial  Ground  Act,  how  far  subject  to  laws  of,  274. 
DESCRIPTION  of  land  taken  for  schoolhouses  to  be  filed,  80. 

copy  of,  to  be  served  on  owner  of  land  taken,  80.     , 
to  be  published  in  newspapers,  80. 

to  be  set  forth  in  report  under  Betterment  Act,  248. 
DESIGNATION  of  polling  places,  135,  136. 

of  day  for  holding  caucus,  151. 

of  party  columns  on  ballot  captions,  167. 
DESTRUCTION  of  buildings  in  order  to  arrest  fire,  71,  72. 

of  trees  in  highway,  action  for  damages  for,  260. 
DETERMINATION    of  result  of  elections,  131,  132. 
DEVICE  for  gaming,  keeper  of  to  be  deemed  disorderly  person,  56. 
DEVISE  for  care  of  lot  in  North  Burial  Ground,  273,  274. 
DEXTER  ASYLUM,  town  meeting  for  management  of,  18,  19. 
DEXTER  DONATION,  provisions  for  management  of,  18,   19. 
DEXTER  TRAINING  GROUND,  appropriations  authorized  for  concerts  on.  24. 
DIAGRAM,  definition  of,  in  voting  machine  law,  166,  167. 

by  whom  furnished  and  how  used,  169. 

penalty  for  wilfull  injury  to,  172. 
DICE  TABLES,  keeper  of  to  be  deemed  disorderly  person,  5<). 
DIMINUTION  of  salary,  limitation  on,  12. 


INDEX.  325 

DIRT,  prejudicial  to  health,  removal  of,  230,  231. 

DISABILITY  of  mayor,  president  of  board  of  aldermen  to  act,  3,  4. 

new  election  in  case  of  vacancy  in  office  by,  7. 

of  chief  of  police,  deputy  chief  need  not  furnish  surety  for  costs  in  case  of,  47. 

of  inspector  of  buildings  assistant  inspectors  to  act,  92. 

of  inspector  of  plumbing,  assistant  inspector  to  act.  282. 

of  .judge  of  municipal  court,  acting  judge  may  be  appointed  in  case  of,  15. 
DISCHAIvGE  of  offenders,  power  of  mayor  to  order,  8,  9.  57. 

of  prisoners  by  board  of  aldermen,  56,  57. 

of  lease  of  land  taken  under  Betterment  Act.  249,  250. 
DISCONTINUANCE  of  actions  by  the  mayor,  8. 

of  certain  highways  formerly  private  ways,  239. 

of  proceedings  under  Betterment  Act,  251.- 
DISCpi'NT  on  sewer  assessment  .for  anticipated  payment,  31. 
DISEASES,  regulation  for  prevention  of,  230.  231. 

mayor  may  contract  with  Rhode  Island  Hospital  for  care  of  certain.  236,  237. 
DISINFECTANTS,  cleansing  of  unsanitary  premises  by  means  of,  2.30. 
DISORDERLY  PERSONS,  powers  of  city  council  relative  to  security  from.  9. 

chief  of  police  may  enter  buildings  resorted  to  by,  48. 

who  deemed  to  be,  56. 

may  be  committed  to  prison,  56. 
DISPOSITION  of  property  in  hands  of  police.  10. 
DISSOLUTE  PERSONS,  power  of  mayor  to  commit  to  prison  for  prosecution,  7. 

chief  of  police  maj'  enter  buildings  resorted  to  by,  48. 
DISTRIBUTION  of  city  water  within  and  without  the  city,  35,  37. 

gifts  under  Noi'th  Burial  Ground  Act.  how  far  subject  to  laws  of.  274. 
DISTRICT  CLERKS,  electea  by  t^^e  people,  office  of.  abolished.  136. 

board  of  canvassers  to  perform  what  duties  of,  129. 

to  make  returns  to  board  of  canvassers  instead  of  to  city  clerk,  132. 

appointment  of  by  board  of  canvassers  and  registration,  136. 

powers,  liabilities  and  duties  of,  136. 

compensation  of.  vacancy  among,  how  filled.  136.  137. 

caucus  clerks  to  have  powers  of,  152. 

duties  of,  if  voting  machines  are  used  in  elections.  166.  169.  171. 
DISTRICT  COURT,  costs  in  police  court  to  be  same  as  those  taxed  by.  17. 
DISTRICTS  of  city  under  building  law,  89,  90. 

city  may  change  lines  of  building,  90. 

may  block  out  close  limits  in  outer  building,  90. 

close  building,  to  include  both  sides  of  bounding  street,  90. 

regulation  of  wooden  buildings  in  first  and  second,  117,  118. 

voting,  preparation  of  voting  lists  for,  129. 

appointment  of  commission  to  divide  city  into  voting,  135. 

report  of  commission  dividing  city  into  voting,  138. 

maximum  and  minimum  number  in  voting,  135,  136. 

polling  places  in  to  be  designated  by  board  of  canvassers,  135.  136. 

wardens,  clerks,  and  supervisors  in.  136,  137. 

caucus  clerks  to  be  qualified  electors  of,  152. 

vacancy  in  office  of  caucus  warden  or  clerk  by  removal  from,  152. 
DISTRICT  WARDEN,  elected  by  the  people,  office  of,  abolished,  136. 

to  make  return  to  board  of  canvassers  instead  of  city  clerk,  132. 

appointment  of,  by  board  of  canvassers  and  registration,  136. 


326  INDEX. 

DISTRICT  WARDEN— C'oHfiHiu*/. 

powers,  liabilities  and  duties  of,  136. 

compensation  of,  vacancy  among,  how  filled,  136,  137. 

caucus  wardens  to  have  powers  of,  152. 

to  exhibit  interior  of  ballot  box  before  voting  begins,  153. 

duties  of,  if  voting  machines  are  used  in  elections,  166,  169,  170,  171. 
DIVERSION  of  water  of  city  water  supply,  penalty  for,  37. 
DIVIDENDS  by  Narrangansett  Electric  Lighting  Co.,  hoAV  regulated,  209.  210. 
DIVISION  of  city  into  wards  by  city  council,  obsolete,  17,  note. 

of  wards  into  voting  districts  by  board  of  canvassers,  135,  136. 

of  city  into  wards  and  voting  districts,  135,  138. 
DIVISION  WALLS  of  brick  or  stone  not  to  rest  on  wooden  supports,  99. 

in  second  building  district,  118. 
DOCKET  to  be  kept  of  cases  in  police  court,  16. 
DOCKS,  harbor  improvement  loan  may  be  used  for  building  of,  225. 
DOCUMENTS  of  election  officers  to  be  returned  to  board  of  canvassers,  132. 

to  be  delivered  by  city  clerk  to  successor  in  office,  4. 

board  of  canvassers  and  registration  may  compel  production  of,  133. 
DONATION,  provisions  for  management  of  Dexter,  18,  19. 

may  be  received  for  teachers'  retirement  fund,  83. 
DOORS,  in  streets,  powers  of  city  council  relative  to,  9. 

in  sidewalks,  powers  of  sidewalk  commissioners  to  remove,  43. 

to  the  roof,  buildings  to  be  provided  with,  103. 

of  boiler  rooms,  construction  of,   106. 

of  hoistways  not  inclosed,  107. 

leading  from  places  of  assembly,  width  of,  109. 
DOORWAYS  in  party  walls  of  buildings  in  second  district,  118. 
DORMITORIES,  construction  for  ventilation  of,  110. 
DORRANCE   STREET,   city  council   may   fix  harbor  line  between   Sassafras  Point 

and,  219. 
DORRANCE  STREET  WHARF,  structure  at  end  of,  may  remain  until  rebuilt,  225. 
DRAINAGE,  compulsory  connection  of,  with  sewers,  235. 

city  council  may  make  ordinances  relative  to,  280,  281. 
DRAINS,  in  streets,  powers  of  city  council  relative  to,  9. 

construction  and  maintenance  of,  28. 

connected  with  water  works,  penalty  for  injury  to,  37. 
DRAWBRIDGES,  power  of  city  council  to  regulate,  10. 

in  Point  street  bridge,  how  constructed  and  maintained,  40. 
regulations  for  management  of,  40,  41. 
penalty  for  obstructing,  41. 

in  Washington  bridge,  to  be  maintained  by  city,  42. 
DREDGING,  harbor  improvement  loan  to  be  applied  for  necessary,  225. 
DRIFTWAY,  rights  of  owner  of  abutting  land  on  abandonment  of,  258,  259. 
DRILL  ROOMS,  construction  of  roofs  and  floors  of,  101. 
DRIVEWAYS  in  parks,  city  authorized  to  hire  money  for,  278,  279. 
DRIVING  on  turfed  portions  of  streets,  penalty  for,  261. 
DRUNKARDS,  habitual,  to  be  deemed  vagrants,  55. 

to  be  deemed  disorderly  persons,  56. 
DRUNKENNESS,  penalty  for,  56. 
DUCTS  of  Providence  Telephone  Co.,  historical  note  concerning,  176,  177. 

exclusive  right  in  streets  to  use,  may  be  granted,  178. 


INDEX.  327 

DUTIES  of  inhabitants  of  Providence,  2. 

of  office,  members  of  city  council  to  be  engaged  before  entering  upon,  3. 

of  mayor,  how  exercised  in  his  absence,  3,  4. 

power  of  mayor  to  prosecute  for  violation  of.  8. 

of  chief  of  police  may  be  prescribed  by  city  council,  11. 

of  city  officers  may  be  defined  by  city  council,  11. 

relief  of  firemen  and  policemen  injured  in  discharge  of,  286,  287. 
DWELLING  HOUSES,  not  subject  to  inspection  for  inflammable  materials,  74. 

on  made  land,  covering  of  cellar  bottoms  of,  95. 

thickness  of  foundation  and  other  walls  for,  95,  96. 

construction  of  roofs  and  floors  of,  101. 

not  over  twenty-five  feet  high,  thickness  of  external  walls  of  brick,  107. 

not  required  to  maintain  fire  extinguishing  apparatus,  107. 

tenement  and  lodging  houses  to  conform  to  i-equirements  for,  110,  111. 

in  second  building  district,  regulation  of,  117--119. 

port  wardens  to  examine  in,  goods  damaged  on  board  vessels,  227. 


EARNINGS  of  corporations  having  franchises,  note  as  to  tax  on  gross,  173--177. 

corporations  to  make  quarterly  return  of  gross,  179.  183,  187. 

how  ascertained  in  different  cities  and  towns,  179,  184. 

street  railway  companies  to  pay  to  state  an  annual  tax  of  one  per  centum  of 
gross,  197.  200,  201. 

Narragansett  Electric  Lighting  Co.  to  pay  to  city  tax  on  gross,  207,  208. 
EAST  PROVIDENCE,  maintenance  of  Washington  bridge  by,  41,  42. 
EDUCATION,  committee  on,  chairman  of,  to  be  member  of  school  committee,  76. 

of  children  in  Rhode  Island  normal  school,  provision  for.  78. 
EIGHTH  WARD  and  districts,  boundaries  of,  144,  145. 
ELECTION  of  aldermen,  3,  17,  18,  137. 

of  common  councilmen,  3,  17,  18,  137. 

of  assessors  of  taxes,  5. 

of  assistant  inspectors  of  buildings,  91,  92. 

of  assistant  inspectors  of  plumbing,  282. 

of  board  of  canvassers  and  registration,  129. 

of  caucus  clerk  and  caucus  warden,  152. 

of  caucus  officers  pro  tempore,  153. 

of  chief  of  police,  by  city  council,  11. 

of  city  clerk,  4. 

clerk  of  the  common  council,  6. 

of  commissioner  of  public  works,  27. 

of  commissioners  under  Betterment  Act,  245,  246. 

of  committee  to  lay  out  highways,  243. 

of  constables  with  power  to  serve  civil  process,  69.  70. 

of  deputy  recorder  of  deeds,  5. 

of  inspector  of  buildings,  91. 

of  inspector  of  plumbing,  281. 

of  members  of  school  committee,  77,  137. 

of  municipal  officers,  counting  of  ballots  cast  at,  131,  132. 

of  officers  to  be  annual,  unless  otherwise  provided,  12. 


328  INDEX. 

ELECTION— Coniinwed. 

of  officers  to  be  in  conventiou  unless  otherv/ise  provided,  12. 

in  convention  on  first  Monday  in  January,  3. 
of  other  city  officers,  11. 
of  park  commissioners,  277. 
of  persons  to  collect  and  remove  garbage,  232. 
of  police  constables  and  city  watchmen,  46. 

of  president,  and  president  pro  tempore,  of  board  of  aldermen,  3,  4. 
of  president  of  common  council,  6. 
of  recorder  of  deeds,  4. 
of  undertakers  by  board  of  aldei'men,  276. 
of  watchmen  and  police  constables,  46. 
of  its  own  members,  each  board  may  judge  of,  7. 
city  clerk  to  issue  certificates  of,  132. 
proceedings  in  case  of  no,  132. 

in  case  of  new,  132. 
supervisors  of,  to  make  return  to  board  of  canvassers  instead  of  city  clerk,  182. 
record  of,  to  be  returned  to  board  of  canvassers,  132. 

to  be  delivered  to  city  clerk,  133. 
penalty  on  board  of  canvassers  for  false  determination  of,  133. 
paraphernalia  for  conduct  of,  to  be  furnished  by  board  of  canvassers,  135. 
officers  of,  appointment,  powers,  duties  and  obligations,  136,  137. 
of  state  committee,  148. 
of  ward  committee,  149. 
canvass  meetings  for,  where  to  be  held,  130. 

special,  to  fill  vacancy  in  city  council,  canvass  meeting  for  caucus  of,  155. 
at  caucus  to  be  by  plurality  vote,  156. 

form  of  return  for  caucus  to  be  substantially  in  form  of  return  for,  157. 
at  caucuses,  certificates  of,  157. 
each  board  may,  in  certain  cases,  order  new,  7. 
penalty  under  laws  of,  apply  to  violations  of  Caucus  Act,  160.  161. 
act  i-elating  to  use  of  voting  machines  at.  162--172. 
application  of  law  of,  to  elections  by  voting  machine,  171. 
by  city  council  to  proceed  under  Betterment  Act,  249,  251,  253,  254. 
ELECTIVE  OFFICE,  meaning  of  in  Caucus  Act,  148. 
ELECTORS,  to  hold  municipal  election  in  November,  17,  18. 
for  aldermen  and  councilman,  qualifications  of,  18. 
election  by,  of  members  of  school  committee,  77,  137. 

of  the  city,  counting  of  ballots  cast  for  questions  submitted  to,  131,  132. 
registration  and  canvassing  of.  by  board  of  canvassers,  129. 
maximum  and  minimum  number  of,  in  voting  districts,  135,  1.36. 
to  elect  ward  committee,  149. 

right  of,  to  participate  in  caucus,  and  to  sign  nomination  ])aiiprs,  1,50,  1.56. 
to  elect  caucus  warden  and  caucus  clerks,  152. 
may  call  caucus  to  order  and  preside,  when,  153. 
at  caucus,  procedure  when  challenged,  156. 

to  be  entitled  to  certified  copy  of  caucus  check  list  on  payment  of  fee,  158. 
penalties  on,  for  illegal  voting,  160. 
minimum  number  of  voting  machines  to  be  used  in  elections  by,  164. 


INDEX.  329 

ELECTORS— C'c<>i</;iJte(i. 

use  of  voting  machines  in  elections  by,  169--171. 

question  of  municipal  lighting  to  be  submitted  to,  when,  206,  207. 
ELECTRICITY,  city  council  may  grant  exclusive  right  to  distribute,  178--180. 

as  a  motive  power.  Providence  Cable  Tramway  Co.  may  use,  190,  191. 

for  municipal  lighting  plant,  city  may  use,  206,  207. 
ELECTRIC  LIGPITING,  franchises  in  street,  historical  note  of,  17"),  170. 

furnished  to  city,  rate  of  charge  for,  209. 
i^LECTRlC  WIRES,  in  streets,  regulation  by  city  council.  10. 

historical  notes  relative  to  the  placing  of,  underground.  175--177. 

in  streets,  exclusive  right  to  use,  may  be  granted,  178. 
use  of,  may  be  regulated  by  city  council,  180. 
notice  to  Union  Railroad  Co.  to  remove,  182,  189. 
ELEVATORS  for  coal  or  grain  in  second  building  district,  regulatiou  of,  117.  118. 

within  close  limits  in  outer  building  district,  90. 

for  grain,  excepted  from  fire-proof  construction  above  eighty  feet,  102,  103. 

not  otherwise  guarded,  to  be  guarded  specially,  107. 

not  inclosed,  to  be  furnished  with  automatic  warning  signal.  128. 

operation  and  inspection  of,  128. 
ELUJIBILITY  for  membership  in  school  committee,  75. 

to  participate  in  caucus  or  to  sign  nomination  papers,  loO,  lot). 

of  candidate  for  office  of  caucus  warden  or  caucus  clerk,  1.52. 

to  participate  in  city  council  caucuses,  154. 
ELM  WOOD  AVENUE,  city  council  authorized  to  turf  certain  parts  of,  260,  261. 
EMBANKMENTS,  building  of,  in  public  waters  above  Weybosset  bridge,  216. 
EMERGENCY,  mayor  may  assume  full  charge  of  police  force  in  case  of,  46. 
E^IOLUMENT,  beyond  salary,  forbidden  to  mayor,  7. 

not  to  be  received  by  member  of  city  council,  12. 

commissioners  of  North  Burial  Ground  to  serve  without,  274. 
EMPLOYEES  of  commissioner  of  public  works,  28. 

fire-proof  stairways  required  in  buildings  occupied  by  25  or  more.  107,  108. 

egress  stairways  required  in  buildings  occupied  by  200  or  more,  109. 

requirement  for  lire-escape  on  buildings  containing,  117. 

protection  to  life  of,  from  fire  in  certain  building.s,  122-128. 
EMPLOYMENT  of  agents  and  servants  of  commissioner  of  public  works.  28. 

of  superintendent  and  teachers  of  public  school,  77. 
ENCROACHMENTS  in  harbor,  power  of  city  council  to  regulate,  9. 

in  harbor,  prevention  of.  and  penalty  for,  212.  213. 
ENDS  of  timbers  entering  brick  wall  to  be  cut  on  a  splay.  101. 
END  WALLS  to  be  anchored  at  each  tier  of  beams,  99. 
ENGAGEMENT  IN  OFFICE  of  members  of  city  council,  3. 

of  port  wardens,  220. 

of  men  to  lay  out  highway,  243,  244. 

of  inspector  of  beef  and  pork,  234. 

of  commissioners  under  Betterment  Act,  246. 
ENGINEERING  DEPARTMENT,  commissioner  of  public  works  to  have  control  of, 

27. 
ENGINEERS,  to  be  appointed  by  commissioner  of  public  works,  27. 

tenure  of  office  of.  27. 
42 


330  INDEX. 

ENGINEERS— Contlmied. 

salary  of,  how  fixed,  27. 

examinatiou  and  certificate  of  strength  of  floors  by  civil,  101. 

examination  of  unsafe  party  wall  by  civil,  114. 
ENGLISH  LANGUAGE,  election  oflicers  to  be  able  to  read  the,  13G. 
ENLARGEMENT  of  school  lots,  city  may  condemn  lauds  for,  79--81. 

of  highways    under  Betterment  Act,  245-258. 
ENTERTAINMENT,  powers  of  city  council  to  regulate  places  of,  9. 
ENTIRE  DAMAGES,  apportionment  of,  among  owners  of  different  interests,  38,  39. 
ENTRY,  to  conform  leased  premises  to  fire-escape  law.  lessor  has  right  of,  125. 
ERECTION  of  buildings  to  be  examined  by  inspector  of  buildings    91. 
ESTABLISHMENT  of  harbor  line  from  Dorrance  street  to  Sassafras  Point,  219. 

of  certain  private  ways  as  highways,  238,  239. 

of  highways  on  petition  or  by  consent  of  owners  of  land,  240-242. 

by  board  of  aldermen  on  request  of  city  council,  243,  244,  252. 

of  grade  of  platted  street  or  way,  242,  243. 
ESTIMATE,  appointment  of  commissioners  of,  245,  246. 

of  benefit  or  damage  under  Betterment  Act,  how  made,  247. 
EVIDENCE,  board  of  canvassers  and  registration  may  compel  production  of.  133. 

certificates  of  port  wardens  to  be  received  as,  227. 

report  of  commission  to  be,  in  suit  for  damages  under  Betterment  Act,  250. 
EXAMINATION  of  city  clerk's  record  of  moneys  received,  4. 

of  combustible  materials  in  buildings,  73,  74. 
not  authorized  of  dwelling  houses,  74. 

of  buildings,  notice  of,  119. 

of  shelter  over  sidewalk,  121,  122. 

of  elevators  and  hoistways.  128. 

records  of  port  wardens  to  be  open  to.  227. 

of  bridges  to  be  made  by  commissioner  of  public  works,  27.  28. 

of  buildings  by  inspector  of  buildings,  91. 

and  certificate  of  strength  of  floors,  101. 

of  building   on  application  for  removal,  113. 

of  unsafe  buildings,  and  proceedings  thereon,  114-117. 

by  port  wardens  of  damaged  goods  on  vessels  or  in  warehouse,  220-228. 
EXCAVATION  for  building  adjoining  street  to  be  guarded,  93. 

under  sidewalk,  board  of  aldermen  may  order  filling  of,  112. 
EXCESS  of  loss  or  damage  to  be  reported  under  Betterment  Act,  247. 
EXCLUSIVE  RIGHTS  in  streets,  grant  of.  to  corporations,  178-182,  188. 

of  Union  Railroad  Co.  to  cease  on  failure  to  open  new  lines,  185. 

of  street  railway  companies,  forfeited,  when,  199. 

of  street  railways  in  streets,  revocation  of,  199,  200. 

of  Narragansett  Electric  Lighting  Co.  for  20  years,  204. 

to  be  forfeited  on  failure  to  perform  conditions,  208. 
EXECUTIVE  POWERS  of  city  to  be  exercised  by  mayor  and  aldermen,  9. 
EXEMPTION  from  taxation,  does  not  relieve  liability  under  Sidewalk  Act,  44,  45. 

of  certain  street  peddlers  from  payment  of  fees  for  licenses,  50. 
from  taking  out  licenses,  50. 
from. regulation  by  board  of  aldermen,  (39. 

of  buildings  from  requirement  for  fire-escapes,  123,  124. 

from  liability  under  fire-escape  law,  124. 


INDEX.  331 

EXHIBITIONS,  powers  of  city  council  to  regulate,  1). 
EXITS,  pitch,  width  and  number  of,  108,  109. 

may  be  required  in  certain  buildings,  117. 
EX-OFFICIO  members  of  school  committee,  TO. 

treasurer  of  teachers'  retirement  fund,  83. 
EXPENDITURES  a.nd  receipts,  account  of,  to  be  furnished  annually,  18. 
EXPENSE  of  removal  of  combustible  materials  from  buildings,  73,  74. 

of  public  schools,  orders  for  payment  of,  78. 

of  inspector  of  buildings  may  be  provided  for,  92. 

of  protecting  walls  from  excavations,  may  be  recovered,  93. 

of  filling  excavation  under  sidewalk,  112. 

of  repair  of  unsafe  building,  when  to  be  a  lien,  115. 

of  survey  by  port  warden,  by  whom  paid,  228. 

of  cleansing  unsanitary  premises,  230,  231. 

of  commissioners  under  Betterment  Act  to  be  paid  by  city,  251. 
EXPLOSION  of  gunpowder  illegally  kept,  penalty  for,  G2. 

right  of  action  for  injury  by.  04. 
EXPLOSIVES  under  sidewalk,  prohibited.  112. 
EXTERNAL  WALLS,  definition  of.  90. 

in  close  limits  in  outer  building  district,  90. 

under  construction  within  five  feet  of  street,  to  be  fenced,  93.  94. 

height  of,  how  to  be  measured,  94. 

foundation,  piling  under,  95. 

of  dwelling  houses  and  other  buildings,  thickness  of,  95-97. 

between  piers  or  buttresses,  construction  of,  97. 

faced  with  stone  to  have  brick  backing,  98. 
thickness  of,  98. 

stone  facing  of,  to  be  securely  tied  to  backing,  98. 

construction  of  iron  piers  under,  98. 

thickness  of,  for  certain  brick  buildings.  107. 

within  ten  feet  of  street,  permit  to  change  location  of,  120. 

FACE-PLATE,  definition  of,  in  voting  machine  law,  106. 

of  voting  machine,  arrangement  of  ballot  captions  on,  167. 
FACINGS  of  iron  to  be  backed  with  brickwork,  99. 
FACTORIES,  construction  of  roofs  and  floors  of,  101. 

to  have  fire-proof  stairway  partitions,  107,  108. 

fire-escapes  may  be  required  on,  117. 

protection  to  life  from  fire  in  certain,  122-128. 
FAillLIES,  drunkard,  neglecting  support  of,  to  be  deemed  vagrant.  55. 

hall  partitions  to  be  fire-proof  in  tenement  house  occupied  by  moi-e  than  four, 
98. 
FARE,  RATES  OF,  to  be  charged  by  Union  Railroad  Co.,  185,  186,  190. 

under  system  of  free  transfer,  196. 
FARMERS,  exempted  from  statute  authorizing  regulation  of  peddlers  in  streets,  50. 
FARMS,  sale  of  produce  from,  in  street,  not  subject  to  regulation,  50. 
FEATS,  performers  of  idle,  to  be  deemed  disorderly  persons,  56. 
FEBRUARY,  assessor  of  taxes  to  be  elected  in,  5. 

commissioner  of  public  works  to  be  appointed  triennially  in.  27. 
FEEDING  in  street,  animals  deemed  to  be  "going  at  large'"  when,  58. 


332  INDEX. 

FEES  i-eceived,  city  clerk  to  keep  record  of,  4. 

salary  may  be  substituted  for  compensation  by,  11. 

officer  receiving  salary  in  lieu  of.  to  keep  record,  11. 

received  by  city  officers  to  be  paid  to  city  treasurer,  11. 

in  municipal  court,  collection  and  dispo'sition  of,  14. 

for  certified  copies  of  record  of  police  court,  16. 

for  licenses  and  commissious,  authority  to  collect,  23,  24. 

for  city  licenses  to  peddlers  in  streets,  49,  50. 

for  license  to  deal  in  junk  and  second-hand  articles,  51. 
to  keep  and  sell  fireworks,  60. 
to  sell  gunpowder,  61. 

for  filing  reasons  of  appeal  under  fire-escape  law,  126. 

accountability  of  board  of  canvassers  and  registration  for,  133. 

board  of  canvassers  and  registration  to  receive  salary  in  lieu  of.  134. 

of  harbor  master  to  be  collected  from  owner  or  captain,  218. 

port  wardens  to  furnish  certificates  of  record  on  payment  of,  227. 

of  port  warden,  227,  228. 

of  inspector  of  beef  and  pork.  234. 

of  commissioners  of  estimate  and  assessment,  251. 
FEE  SIMPLE,  land  taken  for  school  purposes  to  pass  to  city  in,  80. 

furnishing  transfer  stations  to  railroad  company  not  to  vest  title  in.  195. 
FENCE  to  enclose  external  wall  under  construction  near  street,  93,  94. 

removal  of,  on  layout  of  highway,  244. 
FERRIES,  board  of  aldermen  may  establish  and  regulate,  211. 
FIFTH  WARD  and  districts,  boundaries  of,  142. 
FILING  of  report  of  commissioners  under  Betterment  Act,  251. 

city  clerk  to  give  notice  of,  254,  257. 
FILLING  of  tide-flowed  flats,  regulation  of,  214. 

of  land  within  harbor  line  between  Fox  Point  and  India  Point.  220. 

harbor  improvement  loan  to  be  applied  for  necessary,  225. 

of  cesspools  may  be  compelled,  235. 
FILTH,  dangerous  to  health,  removal  of,  230,  231. 
FINES,  power  of  inhabitants  to  inflict,  2. 

power  of  city  council  to  impose,  2.  10. 

city  courts  may  punish  for  contempt  by,  14. 

.iurisdiction  of  police  court  to  impose,  15,  16. 

police  court  may  punish  for  contempt  by,  16. 

in  police  court,  how  disposed  of  on  appeal,  17. 

city  charter  not  to  affect  pre-existing,  19. 

for  refusal  by  disorderly  person  to  depart  from  building,  48. 

maximum  amount  that  may  be  prescribed  in  junk  ordinance,  51. 

for  indecent  intoxication.  56. 

for  unlawful  storage  of  cotton  waste,  59. 

for  violation  of  law  for  keeping  and  sale  of  fireworks,  60. 

for  illegal  keeping,  transportation  or  sale  of  gunpowder.  61.  62. 

for  rescue  of  gunpowder,  63. 

under  Gunpowder  Act,  how  recovered  and  how  to  enure.  66. 

for  violation  of  rules  concerning  bootblacks  and  street  vendors,  69. 

for  unlawful  operation  of  steam  boiler,  85-87. 

for  work  on  buildings  without  permit,  92. 


INDEX.  333 

FI^^Efi—Cnntinued. 

for  neglect  to  remove  rubbish  from  building  operations,  94. 

for  violation  of  building  law  to  be  i)aid  into  city  treasury,  120. 

for  non-compliance  with  fire-escape  law,  125.  120. 

liability  of  board  of  canvassers  to,  130.  131. 

on  board  of  canvassers  for  false  action,  133. 

for  violation  of  Caucus  Act.  IGO. 

for  violation  of  Voting  Machine  Act,  172. 

for  violation  of  regulations  for  ferries,  211. 

for  encroachments  or  obstructions  in  harbor,  213. 

for  violation  of  regulations  for  preservation  of  harbor,  213. 

for  violation  of  law  relative  to  retaining  walls  in  harbor,  214. 

for  unlawful  structures  in  public  waters  above  Weybosset  bridge,  215. 

for  violation  of  regulation  of  public  lands  and  waters,  217. 

for  unlawful  act  within  and  without  harbor  line  between  Fox  Point  and  India 
Point,  220. 

for  sale  of  unwholesome  provisions,  229. 

for  neglect  of  unsanitary  condition  of  premises,  230,  231. 

for  refusal  to  comply  with  order  relative  to  drainage,  235. 

for  unlawful  burial  or  entombment  of  corpse,  276. 

may  be  imposed  for  violation  of  plumbing  ordinance.  281. 
FIRE,  examination  of  buildings  dangerous  in  case  of,  116,  117. 

protection  of  life  from,  in  certain  buildings.  122-128. 
FIRE  ALARM,  removal  of  electric  wires  liable  to  interfere  with,  10,  11. 

duty  of  firewards  under  Gun])ov,'der  Act  in  case  of,  63,  64. 

system  of  city  not  affected  by  exclusive  rights  of  electric  lighting  company,  205. 
FIRE  COMMISSIONERS,  to  be  elected  by  city  council,  72. 

term  of  ofBce,  duties  and  compensation  of,  to  be  fixed  by  city  council,  72.  73. 

powers  of,  to  inspect  and  remove  combustible  materials  in  buildings.  73,  74. 
FIRE  DEPARTMENT,  powers  of   city  council  to  regulate,  9. 

presidents  of,  to  be  elected  by  city  council,  71. 

commissioners  of,  to  be  elected  by  city  council.  72. 

control  and  management  of,  72,  73. 

members  of,  may  remove  combustible  materials  from  buildings,  73,  74. 

hose  required  in  certain  buildings  to  conform  to  couplings  of,  107. 
FIRE  ENGINES,  powers  of  city  council  relative  to,  9. 
FIRE-ESCAPES  required  on  tenement  and  lodging  houses,  110,  117. 

may  be  required -on  certain  buildings,  117. 

duty  of  owners  of  certain  buildings  to  provide,  122,  123. 

damages  for  injury  resulting  from  absence  of,  125. 
FIREMEN,  city  council  may  appropriate  money  for  relief  of,  286.  287. 
FIREPLACES,  hearths  of,  to  be  laid  on  incombustible  supports,  104. 

construction  of  brickwork  back  of,  104. 

construction  of,  105. 

to  be  provided  in  tenement  houses,  110. 
FIRE-PROOF,  hall  partitions  in  certain  lodging  houses  to  be,  98. 

roofs  of  certain  buildings  to  be,  102. 

cornices  required  for  certain  buildings.  102. 

construction  required  for  certain  buildings  above  eighty  feet,  102,  103. 

cold  air  box  of  furnace  to  be,  104. 


334  INDEX. 

FIRE-PROOF— Coni/Hwer/. 
hearths  to  be,  104. 
depositories  for  ashes  to  be,  106. 
regulation  of  hoistways  which  are  not,  107. 
FIRES,  powers  of  city  council  relative  to  protection  of  city  from,  9. 

city  council  may  order  removal  of  electric  wires  dangerous  in  case  of,  10,  11. 

resulting  from  illegal  storage  of  lime,  penalty  for,  67. 

destruction  of  buildings  to  prevent  the  spread  of,  71,  72. 

close  limit  areas  in  outer  building  district  for  protection  from,  1)0. 

examination  of  buildings  damaged  by,  01. 

in  buildings,  inspector  of  buildings  to  investigate.  91. 

notice  to  repair  heating  apparatus  liable  to  cause,  100. 

tenement  houses  to  have  means  of  escape  in  case  of,  110. 
, FIRE-STOPS  to  be  provided  in  buildings  in  second  district   118,  119. 
FIREWARDS  may  seize  gunpowder  unlawfully  kept  or  transported,  62,  6.3. 

penalty  for  obstructing,  when  seizing  gunpowder,  63. 

duty  of  citizens  to  give  aid  to,  63. 

may  examine  places  where  gunpowder  is  sold  or  kept,  63,  64. 

presidents  of  fire  department  to  have  powers  of,  71. 
FIREWORKS,  keeping  and  sale  of,  how  to  be  regulated.  59,  60. 
FIRST  DISTRICT,  under  building  law,  defined,  89. 

wooden  buildings  in,  regulation  of,  117. 

removal  of  wooden  buildings  into,  prohibited,  117. 

historical  note  i-elative  to  placing  electric  wires  underground  in,  175,  176. 
FIRST  WARD  and  districts,  boundaries  of,  138,  139. 
FISCAL  AFFAIRS,  administration  of,  in  whom  vested,  2. 
FISH,  sale  of,  in  streets,  exempted  from  license  fee,  50. 

forfeiture  and  seizure  of  unwholesome,  229. 
FISHERMEN  selling  in  streets,  exemptedfrom  license  fee,  50. 
FLAG,  boat  conveying  gunpowder  to  display  red,  65. 
FLAT  ROOFS,  construction  of,  101. 

FLATS,  retaining  wall  to  be  built  around  tide-flowed,  when  filled,  214. 
FLEMISH  HEADERS,  use  of,  in  construction  of  brick  walls.  98. 
FLOOR  BEAMS,  to  have  bearing  of  at  least  four  inches,  100. 

entering  brick  walls  to  be  cut  on  a  splay,  101. 

construction  of  main  partitions  supporting,  101. 

entering  party  wall  from  opposite  sides,  101. 
FLOOR  JOISTS  not  built  into  wall,  thickness  of  wall,  97. 

at  stair  landings,  to  be  fire-proof,  108. 
FLOORS,  lawful  load  of,  not  to  be  exceeded  without  examination  and  certificate,  101. 

construction  of,  101. 

loading  of,  beyond  certified  limit,  prohibited,  102. 

regulation  of  smoke-pipes  near  combustible,  104. 

of  boiler  rooms,  construction,  106. 
FLUES  to  be  topped  out  at  roof,  103. 

construction  of  brick,  103. 

woodwork,  not  to  be  secured  to  brickwork,  104. 

regulation  of  smoke-pipes  entering,  104. 

protection  of  woodwork  from  metal,  105. 

to  be  made  safe  on  notice  from  inspector,  106. 


INDEX.  335 

FOOTING  COURSE,  foundation  walls  to  rest  on  proper  base  or,  95. 

of  pier  or  column  supporting  masonry,  100. 
FOOTWALKS  in  streets,  power  of  city  council  relative  thereto,  1). 
FORCE.  POLICE,  power  of  mayor  to  assume  full  charge  of,  46. . 
FORFEITURE  of,  and  suit  for,  penalties  under  ordinances,  10. 

jurisdiction  of  police  court  to  adjudge,  15.  IG. 

of  swine  running  at  largo,  58. 

of  gunpowder  kept  contrary  to  law,  61. 

unlawfully  kept  or  transported,  62,  63. 

under  Gunpowder  Act,  how  recovered  and  how  to  enure,  (j(). 

of  licenses  for  right  to  move  bui'dings,  114. 

liability  of  board  of  canvassers  to,  180,  131. 

of  exclusive  rights  by  Xarragansett  Electric  Lighting  Co.,  208. 

of  unwholesome  provisions,  220. 
FORM  of  engagement  of  city  officers,  3. 

of  process  from  municipal  court.  14. 

for  returns  of  caucus  officers,  board  of  canvassers  to  furnish,  155. 

of  engagement  of  commissioners  under  Betterment  Act,  246. 
FORTUNE,  keeper  of  wheel  of.  to  be  deemed  disorderly  person,  56. 
FOUNDATIONS  of  permanent  buildings,  94. 

piles  for,  how  to  be  driven,  95. 

of  piers  or  columns  resting  on  piles,  100. 

of  heaters  and  ranges  to  be  fire-proof,  105. 
FOUNDATION  WALLS,  definition  of,  90. 

to  rest  on  proper  base  or  footing  course,  95. 

of  stone,  construction  of,  95. 

of  dwelling  houses,  thickness  of,  95,  96. 

of  buildings  other  than  dwelling  houses,  thickness  of.  96. 

construction  of  brick  flues  not  starting  from,  103. 
FOURTH  OF  JULY,  appropriations  authorized  for  celebration  of,  24. 
FOURTH  AVARD  and  districts,  boundaries  of,  141,  142. 
FOX  POINT,  harbor  line  from  India  Point  to,  established  and  amended,  219--223. 

powers  of  city  council  within  harbor  line  between  India  Point  and,  219,  220. 
FRANCHISES  of  the  inhabitants  of  Providence,  2. 

historical  notes  relative  to.  173. 

of  street  railway  companies  forfeited,  when,  199. 

of  street  railways  in  streets,  revocation  of,  199,  200. 
FREEMEN,  governmental  powers  of,  2. 

jurisdiction  of  police  coui"t  of  offences  against  ordinances  of,  15,  16. 

entitled  to  vote  in  town  meetings,  who  are,  IS. 
FREE  TRANSFER  of  passengers  on  street  railways,  authorized,  193--196. 
FREIGHT  TRAFFIC  in  streets  by  Union  Railroad  Company,  historical  note  of,  174, 
FRONTS  of  iron  to  be  backed  with  brickwork,  99. 
FRONT  WALLS  of  brick  or  stone  not  to  rest  on  wooden  supports.  99. 

party  walls  to  be  corbelled  to  outer  edge  of  projections  from,  99. 
FRUITS,  sale  of  in  street  may  be  regulated  by  ordinance,  49,  50. 

sale  of  from  carts  or  baskets  exempted  from  license  fee,  50. 
exempted  from  regulation  by  board  of  aldermen,  69. 

forfeiture  and  seizure  of  unwholesome,  229. 
FUEL,  construction  of  boiler  houses  where  is  used  inflammable,  106. 


336  INDEX. 

FUND,  school  teachers'  retirement,  gifts  may  be  received  for,  83. 

to  be  managed  by  board  of  trustees,  83. 
FUNDS,  perpetual  care,  management  of,  275. 

pension,  for  policement  and  firemen,  287. 
FUNNELS,  for  smoke  or  hot  air,  regulation  of,  104. 
FURNACES,  construction  of  flues  for,  103. 

setting  and  regulation  of,  104. 

regulation  of  registers  connected  with  hot  air,  104,  105. 

under  sidewalks,  board  of  aldermen  may  permit  use  of,  112. 


GALLERIES  in  theatres,  stairways  connecting,  to  be  fire-proof,  109. 
GAMBLING  HOUSES,  chief  of  police  may  enter  with  certain  powers,  48. 

keepers  of,  to  be  deemed  disorderly  persons,  56. 
GAMESTERS  to  be  deemed  disorderly  persons,  56. 
GANGWAYS,  certain  private,  declared  to  be  highways,  238,  239. 
GARBAGE,  board  of  aldermen  may  make  rules  for  removal  of,  232. 
GARDEN,  keeper  of  gaming  implements  in,  to  be  deemed  disorderly  person.  56. 
GAS,  city  council  may  grant  exclusive  right  in  streets  to  distribute,  178-180. 
GEESE   going  at  large,  authority  to  prevent,  57,  58. 
GENERAL  ASSEMBLY,  city  council  to  have  powers  of,  as  to  harbor  line  from  Fox 

Point  to  India  Point,  219,  220. 
GENERAL  OFFICERS  to  be  elected  in  municipal  election  in  November,  18. 

electors  of  school  committee  to  be  qualitied  electors  for,  77. 
GENERAL  TREASURER,  acceptances  of  "an  act  providing  for  a  tax  on  street  rail- 
ways" to  be  delivered  to,  201. 

tax  on  additional  capital  of  street  railway  to  be  paid  to,  202. 
GIFTS  may  be  received  for  teachers'  retirement  fund.  83. 

for  care  of  lot  in  North  Burial  Ground,  273,  274. 
GIRDERS,  thickness  of  external  walls  in  building  not  having,  97. 

certain  walls  of  brick  or  stone  not  to  rest  on  wooden,  99. 

construction  of  beams  resting  on,  99. 

isolated  brick  piers  to  have  cap  iron  or  cap  stone  under,  100. 

to  rest  on  stone  template  or  iron  wall-plate,  101. 
GLOVES,  sale  of,  in  streets,  exempted  from  license  fee,  50. 
GOATS  going  at  large,  authority  to  prevent,  57,  58. 
GOING  AT  LARGE,  authority  to  prohibit  animals,  57,  58. 

animals  feeding  or  grazing  in  street  deemed  to  be,  58. 
GOI.1D,  city  may  provide  for  payment  of  bonds  and  notes  in,  22. 

charge  for  service  by  corporations  having  exclusive  rights  in  street  to  be  reck- 
oned in,  180. 

bonds  of  Union  Railroad  Co.  to  be  payable  in,  181. 
GOOD  ORDER  of  the  city,  duty  of  mayor  to  preserve  the,  7. 
GOODS,  sale  of  in  streets,  may  be  regulated  by  ordinance,  49,  50. 

regulation  by  board  of  aldermen  of  sale  of,  68,  69. 

damaged  on  board  vessel,  to  be  examined  by  port  warden,  226-228. 
GOVERNMENT  OF  CITY,  in  whom  vested,  2. 

organization  of,  3,  4. 

power  of  city  council  to  make  regulations  for,  9. 


INDEX.  337 

GOA'ERNOR,  to  appoint  commission  to  divide  city  into  wards,  135. 

to  approve  compensation  and  expenses  of  commission,  137,  138. 
GRADE   of  street  to  be  defined  on  notice  of  intention  to  build,  120. 

of  platte<l  ways  may  be  defined  on  request,  242.  243. 
GRADE  CROSSINGS   of  street  railway  companies,  city  council  may  permit,  185,  190. 
GRAIN  ELEVATORS,  within  close  limits  in  outer  building  district,  90. 

excepted  from  fire-proof  construction  above  eighty  feet,  102,  103. 

in  second  building  district,  regulation  of,  117,  118. 
GRANT,  money  not  to  be  paid  from  treasury  without.  12. 

of  exclusive  right  in  streets  to  certain  corporations,  178-210. 
GRATES,  hearths  of,  to  be  laid  on  incombustible  supports,  104. 

construction  of  brick-work  back  of,  104. 

to  be  provided  in  tenement  houses,  110. 

construction  of,  105. 
GRAVEL  and  tar  or  cement  for  cellar  bottom  on  made  land,  95. 
GRAVESTONE    in  North  Burial  Ground,  care  of,  273,  274. 
GRAZING  in  street,  to  be  deemed  "going  at  large,"  58. 

GROSS  EARNINGS,    note  as  to    payment  by   corporations  of   percentage    on,    173-- 
177. 

corporations  to  make  quarterly  return  of,  179,  183,  187,  207. 

how  ascertained  in  different  cities  and  towns,  179,  184. 

street  railway  companies  to  pay  state  tax  of  one  per  centum  of,  197,  200,  201. 

certain  corporations  to  pay  to  city  tax  on,  179,  183,  187,  207,  208. 
GUARDS,  to  be  placed  around  excavations  for  building   on  street,  93. 
GUNPOWDER,  storage,  keeping  and  transportation  of,  Gl-66. 
GUTTERS  in  streets,  powers  of  city  council  relative  to,  9. 

for  water  from  bay  or  oriel  windows,  construction  of,  102. 

incombustible  nature  of,  original  and  when  replaced,  102. 
GUTTER-STONE  on  end  of  party  wall  to  be  equivalent  to  corbelling,  when,  99. 


HABEAS  CORPUS,  house  of  correction  to  be  deemed  a  jail  for  purposes  of,  53. 

ad  testificandum,  police  court  may  issue  writs  of,  16. 
HABITUAL  DRUNKARDS,  to  be  deemed  vagrants,  .55. 

to  be  deemed  disorderly  persons,  56. 
HACivNEY-CARRIAGES,  power  of  city  council  to  license  and  regulate.  9. 
HALL  PARTITIONS    in  certain  lodging  houses  to  be  fire-proof,  98. 
HALLS,  width  of  doors  leading  from,  109. 

construction  of  roofs  and  floors  of,  lUl. 

stairway  partitions  in  to  be  fire-proof,  108. 

pitch,  width,  and  number  of  stairways  from,  108,  109. 

to  be  furnished  with  fire  extinguishing  apparatus,  109. 

construction  for  lighting  and  ventilation  of,  110. 
HAND,  exemption  from  license  fee  of  articles  made  by,  50. 

from  regulation  by  board  of  aldermen  of  articles  made  by,  69. 

regulation  for  transporting  powder  when  not  carried  by,  65. 
HAND-BILLS    advertising  application  for  commissioners  under  Betterment  Act,  246. 
HAND-ORGAN,  itinerant  grinder  of,  to  be  deemed  disorderly  person,  56. 

43 


338  INDEX. 

HARBOR,  boundaries  of,  212. 

encroachments  upon,  power  of  city  council  relative  to,  9. 

regulation  of  gunpowder  on  board  vessels  in,  64. 

establishment  and  regulation  of  ferries  in,  211. 

and  public  waters,  regulation  and  preservation  of,  212,  213. 

to  be  protected  by  retaining  walls  before  filling  tide-flowed  flats,  214. 

building  of  wharves,  streets  or  bridges  in,  above  Weybosset  Bridge,  215. 

city  council  may  regulate  use  of.  by  railroad  companies.  217. 

penalty  for  obstructions  in,  between  Fox  Point  and  India  Point,  220. 

loan  for  general  improvement  of,  224,  225. 
HARBOR  LINE  from  Dorrance  street  to  Sassafras  Point  may  be  fixed,  219. 

from  Fox  Point  to  India  Point,  estalished  and  amended,  219--223. 

powers  of  city  council  within  ;  penalty  for  obstructions  without,  220. 

provision  relative  to  structure  on  Dorrance  Street  Wharf  beyond.  225. 
HARBOR  xNlASTER,  to  be  elected  on  Tuesday  after  first  Monday  in  November,  18. 

to  hold  oflice  from  first  Monday  of  January,  18. 

new  election  in  case  of  refusal  to  accept,  office  of,  18. 

in  case  of  death  before  qualification  in  oflice  of,  18. 

city  council  may  pass  ordinances  relative  to  duties  and  fees  of,  218. 

act  of  June,  1830;  repealed,  218. 
HARD  LABOR  at  house  of  correction  to  be  according  to  sentence,  54. 
HAWKERS  in  street,  may  be  regulated  by  ordinance,  49,  50. 

licenses  to,  already  issued,  not  affected  by  Chapter  846,  50. 

may  be  regulated  by  board  of  aldermen,  68,  69. 

under  state  license,  not  subject  to  regulation  by  aldermen,  69. 
HAY,  regulation  of  heater  in  room  containing,  105. 
HEADERS  in  stone  walls.  97. 

use  of,  in  construction  of  brick  walls,  98. 

metal  ties  may  be  used  instead  of  brick.  98. 

use  of,  in  construction  of  walls  faced  with  thin  ashlar,  98. 

to  be  hung  in  stirrup  irons,  100. 
HEADING-COURSES,  every  ninth  course  in  brick  walls  to  be,  98. 

use  of,  in  construction  of  walls  faced  with  thin  ashlar,  98. 

to  be  of  good,  hard,  perfect  brick,  98. 
HEALTH,  power  of  city  council  to  regulate  public,   9. 

board  of,  may  regulate  safety  and  ventilation  of  tenement  houses,  110. 

forfeiture,  seizure  and  removal  of  matters  dangerous  to,  229—232. 

compulsory  drainage  declared  to  be  in  the  interest  of  public,  235,  236. 
HEALTH,  SUPERINTENDENT  OF,  to  be  elected  by  city  council,  233. 

duties  and  powers  relative  to  sanitary  conditions,  230,  231. 

deputy  superintendent  of,  appointment  of,  233. 
HEARING  on  revocation  of  appointment  of  constable  with  power,  70. 

on  objections  to  report  under  Betterment  Act,  251,  252. 
HEARTHS,  to  be  laid  on  incombustible  supports,  104. 
HEATERS,  regulation  of  smoke-pipe  of,  passing  beneath  beams  or  ceiling,  104. 

not  to  be  used  in  room  containing  inflammable  articles,  105. 

to  be  made  safe  on  notice  from  inspector,  100. 

under  sidewalk,  board  of  aldermen  may  permit  use  of,  112. 

may  be  required  to  conform  to  building  law,  117. 


INDEX.  339 

HEIGHT  of  external  or  party  wall,  how  to  be  measured,  94. 

of  wooden  buildings  within  close  limits  of  outer  building  district,  90. 

of  certain  buildings  to  be  fire-proof  above  eighty  feet  of,  102,  lOo. 

fire  extinguishing  apparatus  required  in  building  of  certain,  107. 

of  tenement  houses,  construction  with  reference  to.  111. 

of  wooden  buildings  in  first  and  second  district,  117,  118. 
HEREDITAMENTS  may  be  taken  in  layout  of  highway  under  Betterment  Act,  245. 

taken  under  Betterment  Act,  city  to  become  seized  of,  249. 
HIGHWAY  COMMISSIONERS,  commissioner  of  public  works  to  have  powers  of,  31. 

office  of,  terminated  by  election  of  board  of  public  works,  31. 
HIGHWAYS,  power  of  city  council  to  regulate,  9. 

city  council  may  regulate  electric  wires  in,  10. 

construction  and  maintenance  of  sewers  in,  28. 

rules  for  assessements  for  sewers  abutting  on,  29. 

connections  with  sewers  may  be  built  inside  curbed  line  of,  33. 

power  of  city  to  carry  water  works  over  or  under,  35. 
to  lay  water  pipes  or  build  aqueducts  in,  35. 

authority  for  i-equiring  building  and  alteration  of  sidewalks  in,  43--45. 

power  of  sidewalk  commissioners  to  remove  obstructions  in,  43. 

ambulance  in,  not  to  be  obstructed  ;  penalty,  49. 

persons  begging  or  receiving  alms  in,  to  be  deemed  vagrants,  55. 

keepers  of  gaming  implements  in,  to  be  deemed  disorderly  persons,  56. 

gamesters  or  performers  in,  to  be  deemed  disorderly  persons,  5(3. 

feeding  or  grazing  in.  to  be  deemed  "going  at  large,"  58. 

neat  cattle  or  swine  in,  without  permission,  prohibited,  58. 
penalty,  59. 

limitation  and  regulation  of  gunpowder  in,  61. 

guards  to  be  set  up  around  excavations  adjoining,  93. 

staging  for  building  purposes  not  to  be  erected  in,  without  permission,  94. 

rubbish  and  materials  in.  during  building  operations,  94. 

construction  of  bay  or  oriel  windows  over,  102. 

building  on,  to  have  water  conductors  from  roof,  102. 

not  over  twenty  feet  in  width,  height  of  tenement  houses  on,  111. 

regulations  for  moving  buildings  in,  113,  114. 

permit  for  erection  of  building  within  ten  feet  of,  120. 

penalty  for  placing  building  upon,  121. 

shelters  for  entrances  to  buildings  on,  121,  122. 

franchises  in,  historical  note  relative  to,  173--177. 
power  of  city  council  to  grant,  178--180. 

charge  for  use  of,  by  corporations,  how  limited,  180. 

Union  Railroad  Co.  may  be  required  to  exchange,  182,  189. 

not  relieved  from  franchise  obligations  in,  183,  189,  199. 

motive  power  in,  except  animals,  to  be  approved  by  city  council,  186. 

grant  to  corporations  of  exclusive  franchises  in,  178--211. 

city  and  railroad  companies  authorized  to  make  contracts  for  use  of,  188,  191, 
192. 

establishment  of  transfer  stations  in  authorized,  193-196. 
to  relieve,  how  far,  street  railways  from  paving,  195. 

revocation  by  city  council  of  rights  of  street  railway  in,  199,  200. 

Narragansett  Electric  Lighting  Co.    to  have  exclusive  rights  in,  204. 


340  INDEX. 

HIGUW  AYS— Continued. 

authority  of  city  to  establish  electric  plant  for  lighting,  206. 

building  of,  in  public  waters  above  We.vbosset  Bridge,  215,  'J,l(i. 

city  council  may  regulate  use  of  public,  217. 

to  harbor  line  between  Fox  Point  and  India  Point,  powers  of  city  over,  220. 

port  wardens  to  examine  in.  goods  damaged  on  board  vessels,  227. 

compulsory  connection  of  drainage  with  sewer  on  sewered,  235. 

certain  private  gangways  declared  to  be,  238,  239. 

establishment  of,  on  petition  or  by  consent.  240,  241. 
after  twenty  years  use  as  such,  241. 

repeal  of  act  of  January  session,  1829,  relating  to,  241. 

not  to  be  established  without  request  of  city  council,  242,  243. 

when  received,  defined  grade  to  be  established    grade  of,  243. 

to  be  laid  out  by  board  of  aldermen  on  request  of  city  council.  243,  244,  252. 

board  of  aldermen  to  declare  layout  under  Betterment  Act  a  public,  252. 

alteration  of,  under  Betterment  Act,  245-258. 

notwithstanding  defects  in  condemnation  proceedings,  250.    . 

city  to  become  seized  of  lands  taken  under  Betterment  Act  for.  249. 

rights  of  owner  of  abutting  lands  on  abandonment  of,  258,  259. 

regulation  of  trees  m,  259,  2G0. 

action  for  damages  for  injuries  to  trees  in,  260. 

city  council  authorized  to  turf  portions  of,  260,  261. 

to  prescribe  penalties  for  driving  on  turfed  portions  of.  261. 

city  authorized  to  hire  $150,000  for  purposes  of,  264. 

tax  limitation  law  does  not  include  assessments  for,  265. 

watering  of,  261,  262. 
HIGHWAY  SURVEYORS,  commissioner  of  public  works  to  have  powers  of,  31. 
HILL'S  WHARF,  retaining  wall  from  Sassafras  Point  to,  loan  for.  224.  225. 
HINDRANCE  to  fireward  in  seizure  of  gunpowder,  penalty,  63. 
HIRING  of  money  for  state  tax  payable  June  fifteenth,  21. 

of  $300,000  annually  for  school  purposes,  82. 

of  money  by  city,  how  limited.  265,  266. 
authorized  by  statutes.  267—272. 
HOG,  going  at  large,  authority  to  prevent,  57,  58. 

going  at  large,  authority  to  declare  forfeiture  of,  58. 

between  certain  hours  prohibited,  58 ;  penalty,  59. 
HOISTWATS,  not  otherwise  guarded  to  be  guarded  specially,  107. 

to  be  protected  by  guards  and  gates,  128. 

operation  and  inspection  of,  128. 
HOLLOW  WALLS,  construction  of,  97,  98. 
HORSE  going  at  large,  authority  to  prevent,  57,  58. 

penalty  for  suffering  tree  to  be  injured  by.  260. 
HOSE  or  sprinkling  pipes  required  in  certain  buildings,  107.  lOi). 
HOSE-COUPLINGS  required  in  certain  buildings,  107. 
HOSPITAL,  protection  to  life  from  fire  in,  122-128. 

city  council  may  annually  appropriate  to  Rhode  Island.  236. 

mayor  may  make  contract  with  Rhode  Island,  236,  237. 
HOSPITAL  CORPORATION,  amlulance  of,  to  have  right  of  way.  49. 
HOT-AIR    chamber  of  furnace,  how  regulated,  104. 

pipes,  protection  of  wood-work  from,  105. 


INDEX.  341 

HOTELS  on  made  laud,  covering  of  cellar  bottoms  of,  95. 

construction  of  roofs  and  lioors  of,  101. 

stairway  partitions  to  be  fire-proof  in,  107,  108. 

fire-escapes  may  be  required  on,  117. 

protection  to  life  from  fire  in,  122-128. 
HOUSEHOLD  MANUFACTURES,  sale  of.  in  streets,  exempted  from  license  fee,  50. 

exempted  from  regulation  by  board  of  aldermen,  69. 
HOUSE  OF  CORRECTION,  powers  of  mayor  under  acts  relating  to,  8. 

police  court  may  commit  to,  10. 

may  be  established  and  maintained  by  city,  52. 

keeper  of  and  other  officers,  election  and  removal  of.  52,  53. 

city  council  may  establish  rules  for  government  of,  53. 

to  be  deemed  a  common  jail  within  statute  of  habeas  corpus,  53. 

commitments  to,  form,  service,  and  record,  53. 

may  be  to  county  jail  until  establishment  of,  53,  54. 
HOUSE  OF  CORRECTION  ACT,  powers  of  mayor  under.  8. 

jurisdiction  of  police  court  of  offences  against,  15. 
HOL'SE  OFFAL,  board  of  aldermen  may  make  rules  for  removal  of,  232. 
HOUSES,  chief  of  police  may  enter  certain,  with  what  powers,  48. 

keepers  of  gaming  implements  in,  to  be  deemed  disorderly  persons.  5(). 

limitation  and  regulation  of  gunpowder  in,  61. 
HUCKSTERS,  may  be  regulated  by  board  of  aldermen,  68,  69. 
HULK,  regulations  for  removal  and  cleaning  of,  231. 
HURDY-GURDY,  itinerant  operator  of,  is  a  disorderly  person,  56. 
HUSBAND  may  administer  estate  instead  of  public  administrator,  284. 
HYATT  LIGHT,  may  be  used  for  cover  of  vaults  under  sidewalk.  111. 
HYDRANTS,  establishment  and  regulation  of,  37. 
HYDRAT'LIC  CEMENT  for  cellar  of  dwelling  house  or  hotel  on  made  laud.  95. 

ICE-CREAM,  sale  of  in  street,  may  be  regulated  by  ordinance,  49.  50. 
ICE-HOUSES  in  second  building  district,  regulation  of,  117,  118. 
IDLE  PERSONS  of  doubtful  reputation,  to  be  deemed  vagrants,  55. 
ILL-FA]\IB,  police  powers  of  mayor  with  respect  to  persons  of,  7. 

chief  of  police  may  enter  buildings  resorted  to  by  persons  of,  48. 

punishment  of  disorderly  persons  of,  56. 
IMMUNITIES  of  inhabitants  of  Providence,  2. 
IMPRISONMENT,  power  of  inhabitants  to  inflict,  2. 

power  of  city  council  to  impose,  2. 

city  courts  may  punish  for  contempt  by,  14. 

jurisdiction  of  police  court  to  sentence  to,  15,  16. 

police  court  may  punish  for  contempt  by,  16. 

of  disorderly  person  for  refusal  to  depart  from  building.  48. 

maximum  term  of  that  may  be  prescribed  under  junk  law,  51. 

in  house  of  correction  to  be  according  to  sentence,  54. 

for  default  in  payment  of  fine  and  costs,  56. 

for  violation  of  rules  concerning  bootblacks  and  street  venders,  69. 

of  board  of  canvassers  for  false  action,  133. 

for  violation  of  caucus  act,  160. 

for  violation  of  voting  machine  act,  -i(2. 
IMPROVEMENT  of  school  buildings,  78. 

of  Providence  harbor,  authority  to  hire  money  for,  225. 


3-12  INDEX. 

INABILITY,  new  elections  in  case  of  vacancy  in  office  by,  7. 
of  mayor,  president  of  board  of  aldermen  to  act,  3,  4. 
of  judge  of  municipal  court,  acting  judge  may  be  appointed  in  case  of,  15. 
of  chief  of  police,  deputy  chief  need  not  furnish  surety  for  costs  in  case  of,  -iT. 
of  inspector  of  buildings,  assistant  inspectors  to  act,  92. 
of  inspector  of  plumbing,  assistant  inspectors  to  act,  282. 
INCLINES  in  places  of  assembly,  pitch  of,  108. 

substitution  of,  for  stairways,  108. 
INCOME  to  be  added  to  teachers'  retirement  fund,  83. 

of  perpetual  care  funds,  how  applied,  273,  274. 
INCREASE  of  salary,  limitation  of,  12. 
INDEBTEDNESS,  limitation  of  city,  without  special  statutory  authority,  205. 

outstanding,  to  be  fulfilled  according  to  its  tenor,  265. 

taxation  not  limited  for  purpose  of  paying,  265. 

schedule  of  statutory  authority  for  ijast  and  present,  266-272. 
INDEMNITY  for  inspectors  of  buildings  may  be  provided,  92. 

INDEPENDENCE  DAY,  appropriations  authorized  for  public  celebration  of,  24. 
INDIA  POINT,  vessel  laden  with  powder  not  to  lie  north  of  channel  at,  64. 

harbor  line  from  Fox  Point  to,  established  and  amended,  219-223. 

powers  of  city  council  within  harbor  line  between  Fox  Point  and,  220. 
INFECTIOUS  DISEASES  in  dwelling,  duty  of  superintedent  of  health  in  case  of, 
230,  231. 

mayor  may  contract  with  Rhode  Island  Hospital  for  care  of,  236,  237. 
INFLAMMABLE  ARTICLES,  regulation  of  heater  in  room  containing,  105. 

construction  of  boiler  rooms  where  there  are,  106. 

construction  of  rooms  for  drying,  107. 

under  sidewalk,  prohibited,  112. 

inspection  and  removal  of,  73,  74. 
INFORMATION  to  city  council,  duty  of  mayor  to  furnish,  8. 
INHABITANTS  of  the  city,  incorporated,  1. 
INJUNCTION  of  unlawful  construction  of  stable,  113. 

of  work  on  building  reported  unsafe,  116. 

of  violation  of  building  law,  119. 
INJURIES  to  harbor,  power  of  city  council  to  regulate,  9. 

to  Point  Street  Bridge,  penalty  for,  41. 

ambulance  to  have  right  of  way  in  case  of,  49. 

from  explosion  of  gunpowder,  illegally  kept,  64. 

resulting  from  absence  of  fire  escapes,  liability  for,  125. 

to  trees  by  animals,  penalty  for  suffering,  260. 
INSPECTION  of  city  clerk's  record  of  moneys  received,  4. 

of  combustible  materials  in  buikuugs,  73,  74. 
not  authorized  of  dwelling  houses,  74. 

of  buildings,  notice  of,  119. 

of  shelter  over  sidewalk,  121,  122. 

of  elevators  and  hoistways,  128. 

records  of  port  wardens  to  be  open  to,  227. 
INSPECTOR  GENITAL,  city  inspector  of  beef  and  pork  to  have  powers  of,  234. 
INSI'ECTOR  OF  BEEF  AND  PORK,  may  be  appointed  by  city  council,  234. 

duties,  fees,  and  obligations  of,  234. 
INSPECTOR  OF  BUILDINGS,  to  be  elected  by  city  council,  91. 


INDEX.  343 

INSPECTOR  OF  BUILDINGS- Conh"/mpd. 

general  duties  and  provisions  for    salary  of.  01.  92. 

may  appoint  and  remove  assistant  inspectors,  91,  92. 

work  on  building  not  to  be  done  without  permit  from,  92. 

to  issue  permits  for  building,  on  what  condition,  93. 

dutj'  of,  in  issuing  permits  to  build,  120. 

powers  of,  in  case  of  danger  to  walls  from  excavations,  93. 

fence  and  plank  walk  around  buildings  under  construction  near  street,  subject 
to  direction  of,  93,  94. 

staging  in  street,  for  building  purposes,  prohibited  without  permission  from,  94. 

cap-iron  and  cap-stones  to  be  of  size  satisfactory  to,  100. 

bay  and  oriel  windows  over  street  to  be  inspected  by,  102. 

heating  apparatus  to  be  made  safe  on  notice  from,  106. 

floors  of  boiler  rooms  to  be  constructed  as  required  by,  106. 

stand-pipes  in  theatres  to  be  approved  by,  109. 

coal-holes  and  sidewalk  vaults  to  be  subject  to  direction  of,  111. 

may  secure  coal-hole  at  expense  of  owner  or  tenant,  112. 

application  for  removal  of  buildings  to  be  made  to,  113. 

may  issue  licenses  for  moving  buildings,  114. 

to  cause  survey  to  be  made  of  unsafe  party  wall,  114. 

to  examine  unsafe  buildings  or  dangerous  in  case  of  fire,  114-117. 

may  require  fire  escapes,  stairways,  and  exits,  117. 

may  require  public  assembly  buildings  to  conform  to  building  law,  117. 
boiler  rooms  to  conform  to  building  law,  117. 

alteration  of  buildings  in  first  district  to  be  subject  to  approval  of.  117. 

may  permit  doorway  in  party  wall  in  second  district,  118. 

to  be  notified  when  building  is  ready  for  inspection,  119. 

duty  of,  in  respect  to  shelter  over  sidewalk.  121,  122. 

duties  and  powers  of,  under  fire-escape  law,  123-128. 

appeal  from  decision  of,  under  fire-escape  law,  126. 
INSPECTOR  OF  PLUMBING,  election  of,  281. 

may  appoint  and  remove  assistant  inspectors,  281,  282. 
INSTRUCTION  SHEETS,  for  use  of  voting  machines,  form  of.  168. 

by  whom  furnished  and  how  used,  169. 

penalty  for  wilful  injury  to,  172. 
INTENTION  to  claim  jury  trial  under  Betterment  Act,  notice  of,  251,  252.  254,  257. 

to  remove  trees  in  street,  notice  of,  260. 

to  build  within  ten  feet  of  street,  to  be  filed  at  city  engineer's  ofiice,  120. 
INTEREST,  personal,  of  judge  of  municipal  court,  15. 

of  city  debt,  authority  for  payment  in  gold  or  currency,  22. 

on  sewer  assessments,  rules  for,  30. 

allowed  on  anticipated  payment  of  sewer  assessment,  31. 

on  delinquent  payment  of  sewer  assessment,  31. 
to  be  added  to  teachers'  retirement  fund,  83. 
INTERMENT  of  corpse  forbidden  except  by  undertaker,  276. 

INTESTATE,  public  administrator  not  to  act  within  thirty  days  of  death  of.  284. 
INTOXICATION,  penalty  for  indecent,  56. 

INVENTORY,  duties  of  treasurer  on  failure  of  public  administrator  to  return,  285. 
INVESTMENT  of  teachers'  retirement  fund,  83. 
of  perpetual  care  funds,  275. 


344  INDEX. 

IRON,  certain  walls  to  be  supported  by  brick,  stone,  or,  99. 

IRON  BEARERS,  thickness  of  walls  when  floor  joists  rest  on,  97. 

IRON  BINDERS,  to  be  built  into  brick  piers,  100. 

IRON  BUILDINGS,  roofs  of,  to  be  covered  with  incombustible  material,  102. 

requirement  for  fire-proof  cornices  and  gutters  on,  lu2. 
IRON  COLUMNS  under  external  walls,  98. 

isolated  brick  piers  to  have  cap-iron  or  cap-stone  under,  100. 

how  to  be  set  up,  100. 
IRON  FACINGS  to  be  backed  witu  brick  work,  99. 
IRON  FRONTS  to  be  backed  with  brickwork.  99. 
IRON  PIERS  under  brick  or  stone  walls,  construction  of,  98,  99. 
IRON  PIPES,  use  of,  as  chimneys,  how  regulated,  103. 

IRON  PLATE,  columns  supported  by  brick  wall  or  pier  to  rest  on  cap-stone  or,  100. 
IRON  STRAPS,  beams  supported  by  girders  to  be  strapped  by,  99. 
IRON  WEDGES,  iron  columns  made  to  be  set  up  by  thin,  100. 
ITINERANT  MUSICIANS  to  be  deemed  disorderly  persons,  56. 

JACK-RAFTERS,  to  be  fire-proof  when,  103. 

JAIL,  PROVIDENCE  COUNTY,  police  court  may  commit  to.  16. 

commitments  to.  may  be  made  by  whom  and  for  what  offences,  53,  54. 

imprisonment  in,  for  default  of  fine  and  costs,  56. 
JAILER,  of  Providence  county,  payments  to,  for  support  of  city  prisoners,  54. 
JANUARY,  city  government  to  organize  on  first  Monday  of,  3. 

oflScers  to  be  elected  on  first  Monday  of,  3. 
city  clerk,  4. 

superintendent  of  public  buildings,  6. 
chief  of  police,  11. 

general  city  officers  to  hold  ofiice  from  first  Monday  of,  18. 

city  councilmen  to  hold  office  from  first  Monday  of,  137. 

commissioner  of  public  works,  to  report  to  city  council  in,  28. 

constables  with  power  to  serve  civil  process  to  be  elected  in,  69. 

assistant  inspectors  of  buildings  may  be  appointed  in,  91. 

ward  and  city  committees  to  hold  office  from  first  day  of,  149. 

caucus  officers  to  hold  office  from  first  day  of,  152. 

return  of  gross  earnings  by  certain  corporations  in,  179,  183,  187. 

certain  corporations  to  pay  to  city  tax  in,  179,  183,  187,  207,  208. 

superintendent  of  health  to  be  elected  in,  233. 

inspector  of  beef  and  pork  to  be  appointed  in,  234. 

assistant  inspectors  of  plumbing  to  be  appointed  in,  282. 
JOINT  CAPACITY,  of  mayor,  aldermen  and  common  councilmen    3. 
JOINTS  of  brick  flues  to  be  filled  and  struck.  103. 
JOISTS  not  built  into  wall,  thickness  of  wall,  97. 

ends  of  not  to  come  within  four  inches  of  space  in  hollow  v.alls,  98. 

to  be  fire-proof,  when,  103. 

at  stair-landings,  to  be  tire-proofed,  108. 
JOURNAL  of  board  of  aldermen  to  be  kept  by  city  clerk,  4. 

to  be  delivered  by  city  clerk  to  successor  in  office,  4. 

of  common  council  to  be  kept  by  clerk,  6. 

of  either  board,  entry  of  yeas  and  nays  on,  6. 


INDEX.  346 

.TTT)GE  OF  MUNICIPAL  COURT  to  be  appointed  by  city  council,  14. 

may  vary  forms  of  writs  and  process,  14. 

to  cause  records  to  be  kept,  14. 

procedure  in  case  of  disqualification  or  disability  of,  14.  1.5. 

process  to  be  signed  by,  when  clerk  is  a  party,  1.5. 
JUDGMENTS  of  municipal  court  to  be  recorded,  14. 

of  police  court  to  be  recorded,  IG. 

on  appeal  from  the  taking  of  land  for  school  purposes,  81. 

for  costs,  on  appeal  under  Betterment  Act,  2.52. 
JUDICATURE,  power  of  city  to  establish  courts  of,  2. 
JUDICIAL  ROWERS  of  city  to  be  exercised  by  two  courts,  14. 
JUGGLERS  to  be  deemed  disorderly,  persons.  56. 
JULY,  board  of  canvassers  and  registration  may  redistrict  city  in,  1M.5,  loO. 

certain  corporations  to  make  return  of  gross  earnings  in,  179,  IS.j,  187.  207. 

certain  corporations  to  pay  to  city  tax  in,  171),  183,  187,  207,  208. 
JL  NE,  money  may  be  hired  for  state  tax  due  in,  21. 
.TUNK.  authority  for  licensing  dealers  in,  51. 
JURISDICTION  of  municipal  court  as  court  of  probate,  14. 

of  police  court,  15,  16. 

IS  vested  in  any  one  justice,  15. 
form  of  process  may  be  adapted  to,  iC),  17. 
JURY  TRIAL  may  be  had  on  appeal  for  taking  of  land  for  school  purposes,  81. 

of  appeal  from  order  to  repair  unsafe  building,  110. 

on  objection  to  report  of  commissioners  under  Betterment  Act,  248,  257. 

demand  for,  under  Betterment  Act,  and  proceedings  there<5u,  251,  254. 
JUSTICES  OF  POLICE  COURT  to  be  annually  elected  by  concurrent  vote,  15. 

to  be  justices  of  the  peace  of  the  city,  15. 

may  vary  form  of  process,  16,  17. 

may  commit  vagrants  and  disorderly  persons  to  prison,  50. 

discharge  by  mayor  or  board  of  aldermen  of  persons  committed  by,  57. 
JUSTICES  OF  SUPREME  COURT  may  enjoin  unlawful  construction  of  stable,  lia 

appeal  to,  from  order  to  repair  unsafe  building,  110. 

may  enjoin  work  on  building  reported  unsafe,  110. 

may  enjoin  violation  of  building  law  of  1878,  110. 

appeal  to,  from  decision  of  railroad  commissioner,  200. 
JUSTICES  OF  THE  PEACE,  mayor  to  be,  ex-officio,  one  of  the,  7. 

justices  of  police  court  to  be,  15. 

power  of,  to  commit  to  house  of  correction  or  to  jail.  53,  54. 

may  commit  vagrants  and  disorderly  persons  to  prison.  .50. 

discharge  of  prisoners  committed  by,  57. 

may  issue  search  warrants  under  gunpowder  act,  04. 


KEEPER  OF  HOUSE  OF  CORRECTION,  may  be  elected  by  city  council,  52. 

may  be  removed  by  concurrent  vote  of  city  council,  .53. 
KEEPING  of  fire-works,  how  to  be  regulated,  59,  60. 

of  gunpowder,  how  regulated,  61--60. 
KETTLES,  regulation  of  set,  105. 

KNIT  STOCKINGS,  sale  of  in  street,  exempted  from  license  fee,  50. 
44 


346  INDEX. 

LABOR  at  house  of  correction  to  be  according  to  sentence,  54. 

solitary  imprisonment  without,  not  to  exceed  ten  days,  54. 
LADDERS  leading  to  roof,  buildings  to  be  provided  with  stationery,  103. 
LAMP-POSTS  not  to  be  disturbed  except  by  commissioner  of  public  works.  113. 
LAMPS  in  streets,  powers  of  city  council  relative  to,  9. 
LANDING  PLACES,  power  of  city  council  to  regulate.  9. 

for  gunpowder,  how  regulated,  64. 
LANDINGS    of  stairways,  construction  of,  108. 
LANDS  held  for  cemetery  purposes,  exemption  of  from  sewer  assessments,  32. 

for  water  works,  power  of  city  to  acquire,  35. 

taken  for  city  water  works,  damages  for,  how  recovered.  36. 

owned  in  different  interests,  assessment  and  apportionment  of  damages  to,  38. 

authority  to  require  building  of  sidewalks  at  expense  of  owner  of  adjoining,  43. 

for  school  purposes,  to  be  purchased  by  city  council,  78. 
may  be  taken  by  condemnation  by  city.  79-81. 

adjoining  street,  protection  from  excavations  in,  93. 

cellar  bottoms  of  dwelling  house  or  hotel  on  made,  95. 

city  council  may  regulate  use  of  public,  217. 

within  harbor  line  between  Fox  Point  and  India  Point,  filling  of.  220. 

harbor-improvement  loan,  may  be  used  for  purchase  of,  225. 

compulsory  connection  with  sewer  of  drainage  from.  235. 

of  certain  private  streets  and  gangways  declared  to  be  highways,  238,  239. 

establishment  of  highways  on  petition  or  by  consent  of  owners  of.  1:40,  241. 
by  prescription  of,  241. 

not  to  be  established  as  highway  without  request  of  city  council.  242.  243. 

notice  to  owners  of  adjacent,  before  defining  grade.  242. 

may  be  taken  for  highway  under  Betterment  Act,  245. 

taken  under  Betterment  Act.  city  to  become  seized  of,  249. 
lease  of  to  abate  in  whole  or  in  part.  249,  250. 
damages  for,  when  to  be  paid  and  how  sued  for,  250. 
assessments  to  be  a  lien  on.  250,  251. 
to  be  highway  notwithstanding  defect  in  taking,  256. 

owner  of  abutting,  rights  of,  on  abandonment  of  highway.  258,  259. 
LARGE,  animals  at,  authority  to  prevent,  57,  58. 
LATHING,  building  not  to  be  covered  by,  until  inspected,  119. 
LAW  DEPARTMENT  may  be  established  by  city  council.  13. 
LAWS,  power  of  inhabitants  or  city  council  to  make.  2. 

of  the  state,  members  of  city  council  to  be  engaged  to  support  the,  3. 

city  tax  to  be  collected  in  manner  provided  by  the,  5. 

duty  of  mayor  to  enforce  the,  7. 

for  government  of  city,  power  of  city  council  to  make,  9» 

of  the  state,  ordinances  not  to  be  contrary  to,  10. 

penalty  under  ordinance  not  to  exempt  from  penalty  under,  10. 

relative  to  disposition  of  property  in  hands  of  police,  10. 

relative  to  telegraphic  and  other  wires,  10. 

taxes  to  be  assessed,  apportioned,  and  collected  according  to,  13. 
LAYOUT  of  certain  private  ways,  established  as  highways,  238,  2.39. 

of  highways  on  petition  or  by  consent  of  owners  of  land,  240.  241. 
by  board  of  aldermen  on  request  of  city  council,  242,  243. 


INDEX.  347 

LAYOUT—  Continued. 

of  higliways  imdei-  Bettei'ment  Act,  245--258. 

to  be  at  option  of  city  council,  24'J,  251. 
LEADERS  for  conducting  water  from  tlie  roofs  of  certain  buildings,  102. 
LEASE  of  city  property  to  be  within  powers  of  city  council,  13. 

of  unlawful  tenement-houses,  prohibited.  111. 

of  street  railway,  lessee  to  pay  tax  in  case  of,  201. 

of  lands  under  Betterment  Act  to  abate  in  whole  or  in  part,  249,  250. 
LEATHER  BAGS,  gunpowder  to  be  transported  in,  04,  G5. 

gunpowder  carried  in  vehicles  to  be  covered  with,  05. 
LEdACIES  may  be  received  for  teachers  retirement  fund,  83. 
LE(iAL  SETTLEMENT,  persons  without  may  be  ordered  to  leave  city,  54,  55. 
LESSEE  of  building  unlawfully  constructed,  record  of   name  of,  91. 

measure  of  liability  of,  for  repair  of  unsafe  building,  115. 
LESSORS  may  enter  to  conform  leased  premises  to  fire-escape  law,  125. 
LL\BILITY  under  sidewalk  act,  of  societies  otherwise  exempt  from  taxation,  45. 

arising  from  coal-hole  or  sidewalk  vault,  112. 

for  injury  resulting  from  absence  of  fire-escape,  125. 
LIBEL,  of  gunpowder  unlawfully  kept  or  transported,  62,  03. 
LIBERATION  of  prisoners,  by  board  of  aldermen,  50,  57. 

of  prisoners,  by  mayor,  8,  9,  57. 
LICENSES  of  vehicles,  power  of  city  council  to  regulate,  9. 

of  shows  and  entertainments,  powers  of  city  council  relative  to,  9. 

authority  for  collection  of  fees  for,  23,  24. 

for  peddling  in  street,  city  council  may  provide  for,  49,  50. 

by  ordinance  may  be  in  addition  to  those  by  statute,  50. 

already  issued,  not  affected  by  Chapter  840,  50. 

for  dealing  in  junk  and  second-hand  articles,  51. 

already  issued,  to  continue  for  term  granted  unless  revoked,  51. 

for  keeping,  and  sale  of  fire-works,  59,  00. 

for  sale  of  gunpowder,  01. 

penalty  for  selling  gunpowder  without,  02. 

applications  for,  to  keep  and  sell  gunpowder,  65. 

persons  selling  under  state,  not  subject  to  regulation  by  board  of  aldermen,  09. 

for  operation  of  steam  boilers  by  board  of  aldermen,  85.  , 

for  moving  buildings  in  streets,  114. 
LIEN,  sewer  assessments  to  be  a,  30. 

sewer  assessment  to  remain  a,  on  cemetery  lands,  32. 

expense  of  sewer  connections  to  be  a,  33. 

costs  of  repair  of  unsafe  buildings,  when  to  be  a,  115. 

expense  of  cleansing  or  removing  vessels  to  be  a,  231. 

assessment  under  Betterment  Act  to  be  a,  251. 

assessment  for  watering  streets  to  be  a,  202. 
LIFE,  protection  to,  from  fire  in  certain  buildings,  122-128. 

LIFE  TENANT  paying  sewer  assessment  may  recover  proportionally  from  remainder- 
man, 32,  33. 

apportionment  to,  of  damages  assessed  in  entire  sum,  38.  39. 
LIGHT  to  be  placed  on  building  material  or  rubbish  in  street,  94. 

regulation  of,  in  room  containing  inflammable  articles,  105. 

in  streets,  historical  note  relative  to  furnishing  175,  170. 


348  INDEX. 

LIGHTING  of  streets  and  sidewalks,  power  of  city  council  over,  9. 

of  hallways,  construction  for,  110. 

of  city,  conditions  of  establishing  municipal,  20G.  207. 
LIME,  storage  of,  67. 
LIMITATION  of  power  of  city  to  incur  indebtedness,  265. 

of  city  tax  for  general  expenses,  265. 

of  time  within  which  building  permits  may  be  exercised,  93. 
LINES  of  wards  and  voting  districts  established  by  commission,  138--147. 
LINTELS,  certain  walls  of  brick  or  stone  not  to  rest  on  wooden,  99. 
to  rest  on  iron,  brick  or  stone  support.  99. 

to  be  of  sufficient  strength  and  bearing  for  superimposed  weight,  99. 

isolated  brick  piers  to  have  cap-iron  or  cap-stone  under,  100. 
LISTS  OF  VOTERS,  canvassing  of,  by  board  of  canvassers,  129. 

certified  copies  of,  to  be  furnished  by  board  of  canvassers.  134,  137. 

used  at  fii'st  caucuses,  to  be  those  canvassed  when,  154. 

for  city  council  caucuses,  to  be  canvassed  when,  154. 

for  special  caucuses,  how  prepared,  154,  155. 

voting  lists  to  be  used  at  caucuses  to  be  duly  certified,  155. 
to  be  checked  in  special  color  for  each  party,  155. 
to  be  delivered  by  whose  order  and  by  whom.  155. 
LOAD,  breadth  of  base  course  of  foundation  walls  to  be  in  proportion  to  soil  and,  95. 

that  floors  of  buildings  may  carry,  101. 
LOAN  for  street,  from  South  Water  street  to  Prospect  street,  263. 

under  act  of  March  29,  1901,  for  highway  purposes,  264. 

for  Roger  Williams  Park,  Blackstone  Park  and  Parkway,  278,  2(9. 
LOCATION  of  schoolhouses,  city  may  condemn  lands  for,  79-81. 

of  transfer  stations  for  passengers  to  be  furnished  by  city,  193-196. 
LODGERS  in  out-buildings  or  open  air,  to  be  deemed  vagrar\.ts,  55. 
LODGING  HOUSES,  definition  of,  91. 

hall  partitions  to  be  fire-proof  in  certain,  98. 

roofs  of,  to  be  covered  with  incombustible  material,  102. 

not  over  25  feet  high,  thickness  of  external  walls  of  brick,  107. 

stairway  partitions  to  be  fire-proof,  107,  108. 

to  conform  to  requirements  for  dwelling  houses,  110,  111. 

special  requirements  in  construction  of  110,  111. 

fire-escapes  may  be  required  on,  117. 

protection  to  life  from  fire  in,  122-128. 
LOSS  under  Betterment  Act,  how  estimated  and  assessed,  247. 
how  reported  to  supreme  court.  247,  248. 
jury  trial  on,  248. 
may  be  settled  by  agreement,  249. 
LOST  PROPERTY,  in  hands  of  police,  ordinances  may  be  made  relative  to.  10. 
LOTS,  in  North  Burial  Ground,  care  of,  273,  274. 
LOUNGING  upon  bridges,  city  council  may  prohibit,  10. 
LUMBER,  piling  of,  within  certain  limits,  prohibited,  67,  68. 

iu  street  during  building  operations,  94. 

construction  of  rooms  for  drying.  107. 

MACHINE  for  gaming,  keeper  of,  to  be  deemed  disorderly  person.  56. 

act  in  relation  to  voting  by,  162-172. 
MACHINERY  of  water  works,  penalty  for  injury  to,  37. 


IXDEX.  0-1:9 

MACHINE  SHOPS,  constnu-tion  of  roofs  and  floors  of.  101. 
MADE  LAND,  cellar  bottoms  of  dwelling  house  or  hotel  on.  95. 
MAINTENANCE  of  bridges  by  commissioner  of  public  works,  27,  31. 

of  Central  bridge,  42. 

of  Point  street  bridge,  40. 

of  Washington  bridge,  41.  42. 
MAJORITY  to  constitute  quorum  in  either  branch  of  city  council.  7. 
MANAGEMENT  of  city  property  is  vested  in  city  council,  13. 

of  construction  and  maintenance  of  sewers.  28. 

of  public  schools  is  vested  in  school  committee,  78. 

of  teachers'  retirement  fund,  83. 

of  perpetual  care  funds,  275. 
MANNER  of  engagement  of  city  officers,  3. 
MANUFACTORY,  fire-escapes  may  be  required  on,  117. 
MAP  of  commission  to  divide  city  into  wards  and  districts  to  be  tiled,  where,  135. 

of  redistricting  of  city  by  board  of  canvassers,  136. 

copy  of,  under  Betterment  Act,  to  be  filed  in  city  clerk's  office,  251. 

under  Betterment  Act  to  be  paid  for  by  city.  251. 
MARCH,  commissioner  of  public  works  to  hold  office  from  first  Monday  in.  27. 

members  of  board  of  canvassers  to  be  elected  on  first  Monday  in,  129. 
MARK  on  caucus  voting  list,  to  be  made  in  party  color,  155. 
MARKET  PLACE,  power  of  city  council  to  regulate,  9. 

persons  lodging  in,  to  be  deemed  vagrants,  55. 
MARKETS,  power  of  city  council  to  regulate,  9. 

dimensions  of,  within  close  limits  in  outer  building  district,  90. 
MARKET  SQUARE,  loan  authorized  for  street  from  Prospect  Street  to,  2(J3. 
MARSHAL,  CITY,  to  continue  in  office  until  election  of  chief  of  police,  47. 
MASONRY,  footing  course  of  pier  or  column  for  supporting  walls  of,  lUO. 
MASTER  of  vessel,  to  pay  expense  of  survey  by  port  warden.  228. 

duty  of,  to  remove  and  cleanse  vessel,  when,  231. 
MASTER  BUILDER,  examination  and  certificate  of  strength  of  floors  by,  101. 

survey  of  unsafe  party  wall  by,  114. 
MASTER  MECHANIC   of  building  unlawfully  constructed,  record  of   name  of,  91. 

on  board  of  appeal  under  fire-escape  law,  12U. 
MATERIALS   of  combustible  nature  in  buildings,  inspection  of,  73,  74. 
MAY,  city  engineer  to  be  appointed  on  first  Monday  in,  27. 
MAYOR,  to  be  one  co-ordinate  branch  of  city  government,  2. 

to  be  principal  oflicer  of  city,  2. 

is  part  of  city  council,  3. 

to  attend  at  organization  of  city  government,  3. 

engagement  of,  in  office,  3. 

engagement  of  other  officers  by  the,  3. 

to  preside  at  meetings  of  city  council  in  convention,  3. 

to  have  casting  vote  only,  in  convention,  3. 
in  board  of  aldermen,  3. 

with  aldermen  to  compose  the  board  of  aldermen,  3. 

to  preside  at  meetings  of  board  of  aldermen,  3. 

in  absence  of,  who  to  preside  in  board  of  aldermen  and  convention,  3,  4. 

city  clerk's  record  of  moneys  received  to  be  open  to  inspection  of,  4. 

deputy  recorder  of  deeds  may  be  appointed  or  removed  by,  5. 


350  INDEX. 

MAYOR— Continued. 

to  be  justice  of  the  peace  ex-officio,  7. 

police  powers  of,  7,  8. 

to  inspect  conduct  of  subordinate  officers,  8. 

may  call  special  meetings  of  city  council  or  either  board.  8. 

to  communicate  information  and  recommendations  to  either  branch,  8. 

veto  power  of.  8. 

powers  of,  under  House  of  Correction  Act,  8. 

power  of,  to  discontinue  actions,  and  to  discharge  offenders,  8,  9. 

and  alderman,  general  executive  and  police  powers  of.  9. 

vacancy  in  office  of,  may  not  be  filled  by  city  council.  12. 

may  appoint  acting  judge  of  municipal  court  in  what  cases,  15. 

may  remove  acting  judge  of  municipal  court  at  any  time,  15. 

to  be  elected  on  Tuesday  next  after  first  Monday  in  November,  18. 

to  hold  office  from  first  Monday  of  January,  18. 

new  election  in  case  of  refusal  to  accept  office  of,  18. 

in  case  of  death  before  qualification  in  office  of,  18. 

to  appoint  commissioner  of  public  works,  subject  to  approval,  2G,  27. 

may  appoint  special  constables  for  not  exceeding  three  days,  47. 

may  take  full  charge  of  police  department,  46. 

power  of,  to  commit  to  house  of  correction,  or  to  jail,  7.  8.  53,  54. 

power  of,  to  discbarge  prisoners,  8,  9,  57. 

i-ecommitment  of  person  failing  to  fulfil  conditional  discharge  by,  57. 

prohibition  of  cattle  or  swine  at  large  in  street  without  permission  of,  58. 

ex-officio  member  of  school  committee,  76. 

to  sign  condemnation  papers  of  laud  taken  for  school  purposes,  8J. 

to  be  notified  of  appeals  from  taking  of  land  for  school  purposes,  81. 

to  appoint  board  of  appeal  vuider  fire-escape  law,  126. 

duty  of,  in  case  of  no  election,  182. 

contracts  bet^-een  city  and  railroad  companies  to  be  executed  by,  192. 

municipal  lighting  plant  to  require  approval  of,  206. 

port  wardens  to  be  engaged  in  office  by,  226. 

may  contract  on  behalf  of  city  with  Rhode  Island  Hospital,  236,  237. 
MAYOR  AND  ALDERMEN  to  compose  the  board  of  aldermen.  3. 

to  sit  and  act  together  as  one  body,  3. 

police  officers  to  be  appointed  by  chief  with  consent  of,  46. 
to  be  removed  by  chief  with  consent  of,  46. 

board  of  canvassers  to  count  ballots  formerly  counted  by,  131. 

may  establish  and  regulate  ferries  in  the  harbor,  211. 

establishment  of  highways  by,  on  petition  or  by  consent  of  owners,  240,  241. 

may  establish  highway  on  land  used  as  such  for  twenty  years,  241. 

not  to  establish  highway  without  request  of  city  council,  242,  243. 
MEATS,  retailing  of,  in  streets,  exempted  from  license  fee,  50. 
from  regulation  by  board  of  aldermen,  69. 

forfeiture  and  seizure  of  unwholesome,  229. 
MEETING  for  organization  of  city  government,  3. 

of  city  council  in  convention,  mayor  to  preside,  3. 

in  absence  of  mayor,  president  of  board  of  aldermen  to  preside,  3,  4. 

of  board  of  aldermen  as  one  body,  3. 

mayor  or  president  of  board  of  aldermen  to  preside,  3,  4. 


INDEX.  351 

MEETING— C'on«nn(ec7. 

city  clerk  to  give  notice  of  waitl.  17. 

for  management  of  Dexter  donation.  IS,  19. 

for  canvassing  of  voting  lists,  130. 

of  commissioners  of  estimate  and  assessment,  notice  of,  240. 
ME;Mr'>EKS  of  fire  department,  power  to  remove  combustible  material,  73,  74. 
ME^IP.ERS-ELECT  to  city  council,  to  deliver  credentials  to  mayor,  3. 
MEMBERSHIP  in  school  committee,  qualifications  for,  75. 

ex-ofEcio  of  school  committee,  76. 

of  political  party,  rules  for  determining.  149. 
MENDING  of  streets  anu  sidev^alks,  power  of  city  council  over,  9. 
MERCHANDISE,  sale  of  in  streets,  may  be  regulated  by  ordinance,  49,  50. 

damaged  on  board  vessel,  dutj'  of  port  wardens  to  examine,  227. 
MESSAGES  to  city  council,  duty  of  mayor  to  send,  8. 
METALS,  license  for  dealing  in  old,  51. 

wood  may  be  used  for  coping  of  a  party  wall  if  covered  with,  99. 
MILKMEN    exempted  from  regulation  as  peddlers  in  streets,  50. 
MILLS,  construction  of    roofs  and  floors  of,  101. 

to  have  fire-proof  stairway  partitions,  107,  108. 

fire-escapes  may  be  required  on,  117. 
MINORS,  allowed  one  year  in  which  to  pay  assessment  under  Betterment  Act.  251. 
MINOR  STATIONS,  for  transfer  of  passengers,  authorized.  194. 
MISCHIEF,  power  of  mayor  to  commit  to  prison  for,  7. 
MITTS,  sale  of,  in  street,  exempted  from  license  fee,  50. 
MONEYS  received,  city  clerk  to  keep  record  of,  4. 

received  by  city  ofiicers  to  be  paid  to  city  treasurer,  11. 

not  to  be  paid  from  treasury  unless  granted  or  appropriated,  12. 

not  to  be  drawn  from  treasury  before  vouchers  are  filed,  13. 

derived  from  police  court  appeals,  how  disposed  of,  17. 

may  be  borrowed  for  state  tax  due  June  fifteenth,  21. 
for  new  schoolhouses  and  lots,  82. 

payable  to  city,  certain  corporations  not  relieved  from.  183.  189,  192.  193.  199, 
206. 

due  under  Betterment  Act.  when  to  be  paid  and  how  to  be  sued  for.  250. 

limitation  of  authority  of  city  to  hire,  265. 

received  by  superintendent  of  North  Burial  Ground,  275. 
M0NU:MENT.  in  North  Burial  Ground,  care  of,  273,  274. 
MOORING  of  vessels,  power  of  city  council  to  regulate.  9. 
MORTAR,  use  of,  in  building  of  brick  or  stone  walls.  94.  ♦ 

backing  of  stone  faced  walls  to  be  laid  in,  98. 

to  be  of  best  quality  for  purpose  for  which  used,  99. 
MORTGAGE  BONDS  of  Union  Railroad  Co.,  181. 

of  Narragansett  Electric  Lighting  Co.,  203. 
MOTIVE  POWER,  railroad  companies  in  streets  may  operate  by  any,  178,  181,  183, 
188.  189. 

in  streets,  except  animals,  to  be  approved  by  city  council,  186. 

Providence  Cable  Tramway  Co.,  may  use  electricity  as,  190,  191. 
MOUNTEBANK  to  be  deemed  disorderly  person,  56. 
MOVING  of  buildings  in  the  street,  regulation  of.  113,  114. 
MUNICIPAL  AFFAIRS,  administration  of,  in  whom  vested,  2. 


352  INDEX. 

MU^■ICIPAL  COURT   to  be  oue  of  the  city  courts,  14. 

may  punish  for  contempt,  14. 

organization,  jurisdiction,  and  procedure  of,  14. 

power  of,  to  commit  to  house  of  correction,  or  to  jail,  53,  54. 

right  of  public  administrator  to  administer  to  be  satisfactory  to,  283,  284. 

duties  of,  regarding  balances  in  hands  of  public  administrator,  284.  285. 

Clerk  of,  appoinment,  powers,  duties,  and  compensation  of,  14. 
procedure  in  case  of  disqualification  of,  15. 

Judge  of,  appointment,  powers,  and  duties  of,  14,  15. 

procedure  in  case  of  disqualification  or  disability  of,  14,  15. 
MUNICIPAL  ELECTION,  members  of  school  committee  to  be  elected  at.  77.  137. 

aldermen  and  councilmen  to  be  elected  at,  17,  18,  137. 

to  be  held  on  Tuesday  next  after  first  Monday  in  November,  17,  18.  137. 

city  council  caucuses  to  be  held  within  twenty-five  days  of,  154. 
MUNICIPAL  INDEBTEDNESS,  limitation  of,  without  statutory  authority,  265. 

schedule  of  statutes  authorizing.  2G6--272. 

outstanding,  to  be  fulfilled  according  to  its  tenor,  265. 

taxation  not  limited  for  purpose  of  paying,  265. 
MUNICIPAL  LIGHTING,  by  city,  conditions  of  establishing,  206.  207. 
MUNICIPAL  YEAR,  limitation  of  increase  or  diminution  of  salary  during,  ]2. 

unless  otherwise  provided,  offices  to  be  held  during,  12. 

unless  otherwise  provided,  vacancies  to  be  supplied  for,  12. 
MUSICIANS,  itinerant,  to  be  deemed  disorderly  persons,  56. 


NAMES,  election  officers  to  be  able  to  write  their  own,  136. 

of  political  parties  not  to  be  used  in  combination  with  other  words,  151. 

of  caucus  candidates,  to  be  on  one  ballot,  154. 

and  residence  of  voter  to  be  written  on  challenged  ballot,  156. 

of  parties  to  be  reported  by  commissioners  of  estimate  and  assessment,  247. 
NARRAGANSETT  ELECTRIC   LIGHTING  CO.,  historical  note  relative  to  fran- 
chises of,  175,  176. 

may  issue  mortgage  bonds  to  amount  of  one  million  dollars,  203. 

to  have  exclusive  rights  for  twenty  years,  204. 

regulation  of,  by  city  council,  205,  206. 

not  relieved  from  tax  due  city,  206. 

right  of  city  to  purchase  business  of,  207. 

to  make  quarterly  returns  of,  and  pay  tax  on  gross  earnings,  207,  208. 

may  be  required  to  furnish  additional  lighting  facilities,  208. 

not  to  increase  rate  of  charge  for  services,  208,  209. 

rate  to  be  charged  by,  for  electric  lights  furnished  to  city,  200. 

restriction  of  dividends  and  application  of  surplus  of,  200,  210. 
NAYS  AND  YEAS  to  be  entered  on  journal  of  either  board,  Avhen,  (5. 
NEAT  CATTLE  going  at  large  between  certain  hours  prohibited,  .jS  ;  penalty,  50. 
NEGATIVE  on  joint  action,  each  board  to  have,  12. 
NEGLIGENCE,  power  of  mayor  to  prosecute  for,  8. 

NETTIN(t,  protection  of  woodwork  from  heating  apparatus  uy  means  of,  106. 
NEW  ELECTION  of  aldermen  and  councilmen  in  case  of  vacancy,  7. 

of  aldermen  and  councilmen,  in  case  of  refusal  to  accept  office,  18. 
in  case  of  death  before  qualification,  18. 


INDEX.  353 

NEW   EIjECTIO^ -Continued. 

of  general  city  officers  in  case  of  refusal  to  accept,  18. 
in  case  of  death  before  qualiflcation,  18. 

proceedings  in  case  of,  132. 
NEW  HAVEN  RAILROAD  COMPANY,  historical  note  relative  to,  177. 
NEWPORT,  power  of  city  marshal  of,  to  enter  houses,  48. 

act  relative  to  political  committees  and  caucuses  in,  148--161. 
NEWSBOYS  may  be  regulated  by  board  of  aldermen,  ()8,  69. 
NEWSPAPERS,  publication  of  ordinances,  rules,  and  regulations,  required  in,  13. 

city  clerk  to  give  notice  of  ward  meetings  in,  17. 

publication  in,  of  notice  to  build  or  repair  sidewalks,  43,  44. 

condemnation  of  land  for  school  purposes  to  be  published  in,  80. 

publication  in,  of  notices  required  under  building  law,  119. 

call  for  caucus  to  be  published  in,  151. 

notice  in,  of  layout  of  highways  by  consent  or  on  petition,  240,  241. 

application  for  commissioners  under  Betterment  Act  to  be  published  in,  246. 

notices  under  Betterment  Act  to  be  published  in,  246,  251,  254,  257. 

notice  of  intention  to  abandon  highway  to  be  published  in,  258,  259. 
NEW  YORiv,  NEW^  HAVEN  AND  HARTFORD  R.  R.  CO.,  note  relative  to,  177. 
NEXT  OF  KIN  may  administer  estate'  instead  of  public  administrator.  284. 
NIGHT,  light  to  be  placed  on  building  material  or  rubbish  in  street,  during,  94. 

red  lights  to  be  hung  on  buildings  in  street  during,  114. 
NINTH  WARD  and  districts,  boundaries  of,  145,  146. 
NOMINATION  at  caucus  to  be  by  plurality  vote,  156. 

caucus  warden  to  give  candidates  notice  of,  157. 
NOMINATION,  CERTIFICATES  OF,  caucuses  not  to  be  held  within  two  days  of 

day  for  filing,  151. 
NOMINATION  PAPERS,  signing  of,  as  affecting  right  in  caucus,  150,  156. 

rejection  of  names  of  disqualified  electors  from,  150. 

for  ward  and  district  candidates,  to  be  signed  by  not  less  than  fifty,  150. 

for  candidates  to  city  council,  eligibility  to  sign,  154. 
NORMAL  SCHOOL,  school  committee  authorized  to  contract  with  trustees  of,  78. 
NORTH  BURIAL  GROUND,  provision  for  care  of  burial  lots  in,  273,  275. 

act  relating  to.  may  be  amended  or  repealed,  274. 

surplus  of  income  to  be  applied  to  general  improvement  of,  274. 

payment  of  bills  for  maintenance  of,  275. 

Commissioners  of,  powers  and  duties  of.  273-276. 
Committee  on,  approval  of  bills  by,  275. 
Superintendent  of.  may  be  required  to  give  bond,  275. 
NOTES  of  city,  limitation  of,  without  special  statutory  authority,  265. 

outstanding,  to  be  fulfilled  according  to  their  tenor,  265. 

taxation  not  limited  for  purpose  of  paying,  265. 

schedule  of  statutes  authorizing,  266--272. 
NOTICE    of  fire,  removal  of  electric  wires  liable  to  interfere  with,  10,  11. 

of  ward  meetings  to  be  given  by  city  clerk,  17. 

to  build  or  alter  sidewalk,  43. 

to  remove  combustible  materials  from  buildings,  73,  74. 

to  owner  of  land  taken  for  school  purposes,  SO. 

to  mayor  of  appeal  from  taking  of  land  for  school  purposes,  81. 
right  of  appeal  in  case  of  failure  to  receive,  81. 
45 


354  INDEX. 

l^OTICE— Continued. 

to  person  working  on  building  wittiout  permit,  92. 

to  protect  party  wall  from  injury  by  excavations,  93. 

of  unsafe  condition  of  buildings,  115. 

to  fill  excavation  under  sidewalk,  112. 

to  secure  or  remove  unsafe  buildings,  114. 

of  unsafe  character  of  building  may  be  posted  on  wall,  117. 

to  be  given  when  building  is  ready  for  inspection,  111). 

under  building  law,  how  served,  119. 

of  intention  to  build  within  ten  feet  of  street,  120. 

to  owner  of  building  to  provide  fire-escape,  123. 

of  revocation  of  exemption  from  fire-escapes,  124. 

of  revocation  of  certificate  of  compliance  with  fire-escape  law,  124. 

of  appeal  under  fire-escape  law,  126. 

to  conform  elevators  to  requirements  of  inspector,  128. 

of  caucuses,  to  apply  to  party  members  only,  150. 

of  date  selected  for  caucus,  151,  159. 

of  places  provided  for  holding  caucus,  151,  159. 

of  canvass  meeting  for  city  council  caucus.  154. 

of  special  city  council  caucuses,  155. 

for  recount  of  ballots  cast  at  caucuses,  158,  159. 

of  adoption  of  voting  machines  by  city,  104. 

to  Union  liailroad  Co.  to  remove  tracks,  182,  189. 

to  discontinue  trolley  system,  182. 
of  revocation  of  rights  of  street  railway  in  streets,  199,  200. 
to  Narragansett  Electric  Lighting  Co.,  to  supply  lights,  208. 
to  railroad  companies  violating  regulations  for  public  lands  and  waters,  217. 
of  establishment  of  layout  of  highway  on  petition  or  by  consent,  240,  241. 
of  defining  grade  of  platted  ways,  242. 
of  layout  of  street  by  board  of  aldermen,  243,  244. 
of  application  for  commissioners  under  Betterment  Act,  245,  246. 
of  meeting  of  commissioners  of  estimate  and  assessment,  246. 
of  filing  of  report  and  plat  under  Betterment  Act,  248,  251,  254,  257. 

limit  of  time  of  appeal  after,  under  Betterment  Act,  251,  254. 
of  intention  to  surrender  estate  under  Betterment  Act,  255. 

of  filing  report  of  appraisers  of  value  of  estate  surrenderd,  255. 
of  intention  to  abandon  highway,  258,  259. 
of  intention  to  remove  trees  in  highway,  260. 
of  assessments  for  watering  streets,  261. 

of  claim  of  appeal  from  assessment  for  watering  streets,  262. 
NOVEMBER,  municipal  election  to  be  Tuesday  next  after  first  Monday  in,  17,  18. 
NUISANCES,  power  of  city  council  to  prevent  and  remove.  9. 
trees  planted  in  highway  not  to  be  deemed,  260. 

OATH  OF  OFFICE  of  members  of  city  council,  3. 
of  port  wardens,  226. 
of  inspector  of  beef  and  pork,  234. 
of  men  to  lay  out  highways,  243,  244. 
of  commissioners  under  Betterment  Act,  246. 


INDEX.  356 

OATHS,  members  of  board  of  canvassers  may  administer,  133. 

OBJECTIONS   to   report   under  Betterment  Act,   hearing  before  supieme  court  on, 
251,  252,  257. 

to  removal  of  trees  in  street,  260. 
OBLIGATIONS  of  inhabitants  of  Providence,  2. 

city  charter  not  to  discharge  pre-existing,  19. 

of  city,  limitation  of,  without  special  statutory  authority,  2U5. 
outstanding,  to  be  fulfilled  according  to  their  tenor,  2(35. 
taxation  not  limited  for  purpose  of  paying,  265. 
schedule  of  statutes  authorizing,  266--272. 
OBSTRUCTION  in  sidewalk,  power  of  sidewalk  commissioners  to  remove,  43. 

of  right  of  way  of  ambulance,  penalty  for,  49. 

of  fireward  in  seizure  of  gunpowder,  penalty,  63. 

in  harbor,  prevention  of,  and  penalty  for,  212.  213,  215. 

beyond  harbor  line  from  Fox  Point  to  India  Point,  penalty  for,  220. 

removal  of,  on  layout  of  highway,  244. 
OCCUPANT  of  tenement  is  liable  for  water  rents,  37. 

of  buildings,  to  remove  combustible  materials  on  order,  73,  74. 

of  building  unlawfully  constructed,  record  of  name  of,  91. 

may  be  permitted  to  use  boiler  or  heater  under  sidewalk,  112. 

liability  of,  for  unsanitary  condition  of  premises,  230. 

may  be  compelled  to  connect  drainage  with  sewer  on  sewered  street,  235. 
OCCUPATION  of  unlawful  tenement  houses,  prohibited.  111. 
OCTOBER,  notes  given  for  state  tax  must  be  paid  in,  21. 

return  of  gross  earnings  by  certain  corporations  in,  179,  183,  187,  207. 

certain  corporations  to  pay  to  city  tax  in,  179.  183,  187,  207,  208. 
OFFAL,  dangerous  to  health,  removal  of,  230,  231. 

board  of  aldermen  may  make  rules  for  removal  of,  232. 
OFFENDERS,  discharge  of,  by  mayor  or  board  of  aldermen,  8,  9,  56,  57. 

punished  under  ordinances,  not  exempt  from  punishment  under  state  law,  10. 
OFFICE,  members  of  city  council  to  be  engaged  before  entering  upon,  3. 

fire-escapes  may  be  required  on,  117. 
■     of  board  of  canvassers  and  registration,  regulation  of,  130. 

of  wardens  and  clerks  elected  by  the  people,  abolished,  136. 
OFFICE,  REMOVAL  FROM,  of  deputy  recorder  of  deeds,  5. 

of  constable  with  power  to  serve  civil  process,  70. 
OFFICERS  of  fire  department,  power  to  remove  combustible  materials,  73,  74. 
OFFICERS    OF  THE  CITY,  annual  election  of,  by  city  council,  3,  4. 

mayor  to  inspect  conduct  of  subordinate,  8. 

power  of  city  council  to  appoint,  11. 

compensated  by  fees,  salaries  may  be  substituted,  11. 
record  of  fees  received  to  be  kept.  11. 

salaries  of,  may  be  fixed  by  city  council,  11. 

to  be  elected  annually  unless  otherwise  provided,   12. 

removal  of,  by  city  council,  12. 

to  be  elected  in  convention  unless  otherwise  provided,  12. 

bonds  of,  to  be  fixed  by  city  council,  13. 

to  be  elected  in  municipal  election  in  November,  18. 

liability  of,  for  disregard  of  Point  Street  Bridge  Act,  41. 

of  political  committee,  vacancies  how  filled,  149. 


356  INDEX. 

OIL,  inflammable,  not  to  be  kept  under  sidewalk,  112. 
OLD  METALS,  license  for  dealing  in.  51. 
OPEN  AIR,  persons  lodging  in.  to  be  deemed  vagrants,  55. 
OPERATION  of  steam  boilers  prohibited,  without  license,  85. 

of  elevators  and  hoistways,  128. 
OPERATIVES,  fire-proof  staii-ways  required  in  buildings  where  there  are  more  than 

twenty-five,  107,  108. 
egress  stairways  required  in  buildings  where  there  are  over  200,  109. 
requirements  for  fire-escapes  on  buildings  containing,  117. 
protection  to  life  of,  from  fire  in  certain  buildings,  122-128. 
ORDERS,  relative  to  disposition  of  property  in  hands  of  police,  10. 
relative  to  telegraphic  and  other  wires,  10. 
of  municipal  court  to  be  recorded,  14. 
of  police  court  to  be  recorded,  16. 
to  unsuitable  persons  to  leave  the  city,  54,  55. 
for  payment  of  school  expenses.  78. 
for  removal  of  unsanitary  conditions,  230-232. 
for  connection  with  sewer  and  destruction  of  cesspool,  235. 
ORDINANCES,  power  of  inhabitants  or  city  council  to  make,  2. 
city  council  may  impose  penalties  for  violation  of,  2,  10. 
to  be  presented  to  the  mayor  for  his  approval,  his  veto  power,  8. 
power  of  mayor  to  discontinue  actions  for  disobedience  to,  8. 
mayor  and  aldermen  to  exercise  powers  conferred  by,  9. 
for  government  of  city,  power  of  cit.v  council  to  make,  9. 
not  to  be  contrary  to  laws  of  state,  10. 
discharge  of  prisoners  committed  for  violation  of,  57. 
forfeiture  of,   and  suit  for,   penalties  provided   for,   10. 
of  city  council  to  be  published,  13. 
to  be  amended  or  repealed  by  ordinance,  13. 
law  department  may  be  established  by,  18. 

jurisdiction  of  police  court  over  offences  committed  against,  15,  10. 
city  charter  not  to  affect  pre-existing,  19. 
authorized  relative  to  acceptance  or  rejection  of  city  bonds  or  notes,  22. 

accounting  for  fees  and  moneys,  11. 

animals  going  at  large,  57,  58. 

approval  of  bills  of  North  Burial  Ground,  275. 

board  of  commissioners  of  sinking  funds,  20,  21. 

compensation  of  board  of  appeal  under  fire-escape  law,  127. 

dealers  in  junk  and  second-hand  articles,  51. 

drainage  and  plumbing  of  buildings,  280,  281. 

duties  and  fees  of  harbor  master,  218. 

fees  for  licenses  and  commissions,  23,  24. 

fees  and  moneys,  11. 

fire  department,  72,  73. 

grant  of  franchises  in  streets.   178-180. 

hawkers  and  peddlers,  49,  50. 

house  of  correction,  53. 

injurious  substances  in  sewers,  34. 

limits  of  close  district  under  building  law,  89,  90. 


INDEX.  357 

ORDINANCES— Co»ifiHwrJ. 

authorized  relative  to  lounging  upon  bridges,  power  of  city  council  to  make,  10. 

park  commissioners,  277. 

plumbing  and  drainage  of  buildings,  280--281. 

powers  of  city  council  under  Water  Act,  28,  29. 

powers  of  commissioner  of  public  works  over  public  works,  31. 

property  in  possession  of  police,  10. 

rails  in  public  lands,  waters,  streets  and  wharves,  217. 

i-egistration  of  coupon  bonds,  20. 

relief  of  firemen  and  policemen.  286.  287. 

salaries,  11,  12. 

salaries  and  expenses  of  inspectors  of  buildings,  92. 

salaries  of  inspectors  of  plumbing,  282. 

salary  of  commissioner  of  public  works,  27. 

telegraphic   and   other   wires,   10. 

term  of  office  of  inspectors  of  buildings,  91,  92. 

turfing  of  portions  of  streets,  260,  261. 

driving  on  turfed  portions  of  streets,  261. 
ORGAN  GRINDER,  itinerant,  is  a  disorderly  person,  56. 
ORGANIZATION  of  city  government,  on  first  Monday  in  January,  3,  137. 
of  school  committee,  on  first  Tuesday  in  December,  77. 
of  board  of  canvassers  and  registration,  130. 
ORIEL  WINDOW,  consti-uction  of,  over  streets,  102. 
OUTER  DISTRICT,  under  building  law,  defined,  90. 
OUTHOUSES,  persons  lodging,  to  be  deemed  vagrants,  55. 

keeper  of  gaming  implements  in,  to  be  deemed  disorderly  person,  50. 
OVENS,  construction  of  flues  for,  103. 
OVERHEADS,  over  steam  boilers,  protection  of,  106. 

beneath  floor  of  auditorium,  construction  of,  109,  110. 
OVERSEER  OF  THE  POOR,  election  of,  IS. 

to  hold  office  from  first  Monday  in  .January,  18. 

new  election  in  case  of  refusal  to  accept  office  of,  IS. 

death  before  qualification  in  office  of,  18. 
OWNERS,  city  council  may  regulate  electric  wires  over  buildings  with  consent  of,  10. 
of  tenements  are  liable  for  water  rents,  37. 

of  adjoining  lands,  authority  to  require  building  of  sidewalks  at  expense  of,  43. 
notice  to  build  or  repair  sidewalk  to  be  given  to,  43. 
of  gunpowder  illegally  kept  liable  for  injury  from  explosion,  64. 
of  building  destroyed  to  arrest  fire,  compensation  of,  72. 
of  land  taken  for  school  purposes  to  be  notified,  SO. 

may  appeal,  80,  81. 
of  building  unlawfully  constructed,  record  of  name  of,  91. 
duty  of,  on  application  for  permit  to  build,  93. 
to  make  heating  apparatus  safe,  on  notice  from  inspector,  106. 
liability  of,  for  damages  arising  from  coal-hole  xor  sidewalk  vault,  112. 
may  be  permitted  to  use  boiler  or  heater  under  sidewalk,  112. 
of  unsafe  building,  to  be  notified,  114. 
of  building  reported  unsafe,  duties  and  rights  of,  115,  116. 

ready  for  inspection  to  give  notice,  119. 

is  bound  by  notice  to  architect  or  agent,  119. 


358  INDEX. 

OWNERS— Continued. 

of  certain  buildings,  duty  of  to  provide  fire-escapes,  122. 

may  be  permitted  to  maintain  shelter  over  sidewalk,  121,  122. 
liability  of,  for  injury  resulting  from  absence  of  fire-escapes,  125. 
penalty  on,  for  non-compliance  with  fire-escape  law,  126. 
fees  of  harbor  master  to  be  paid  by,  218. 
expense  of  survey  by  port  warden  to  be  paid  by,  228. 
liability  of,  for  unsanitary  condition  of  premises,  230,  231. 
may  be  compelled  to  connect  drainage  with  sewer  on  sew^ered  street,  235. 
of  lands,  establishment  of  highways  on  petition  or  by  consent  of,  240,  241. 
of  adjacent  land,  notice  to,  before  defining  grade,  242. 

buildings  on  lands  taken  under  Betterment  Act  to  remain  property  of,  254. 
may  surrender  remainder  of  estate  taken  under  Betterment  Act,  255. 
of  abutting  lands,  rights  of,  on  abandonment  of  highway,  258,  259. 

planting  of  trees  in  highway  not  to  interfere  with  rights  of,  259. 

trees  planted  in  highway  to  be  deemed  property  of,  259,  260. 

right  of  action  for  injury  to  tree  on  or  in  front  of  land  of,  260. 

may  petition  for  watering  streets,  261. 
OYSTER  HOUSES,  powers  of  city  council  relative  to,  9. 

PAPERS  to  be  delivered  by  city  clerk  to  successor  in  office,  4. 

of  election  officers  to  be  returned  to  board  of  canvassers,  132. 

board  of  canvassers  may  compel  production  of,  133. 

caucus  ballots  to  be  printed  or  written  on  white,  153. 

prohibition  of  voting  machine  not  making  record  upon,  163. 

ballot  captions  to  be  printed  on  white,  168. 
PAPERS  OF  NOMINATION,  rejection  of  names  of  disqualified  electors  from,  150. 

signing  of,  as  affecting  right  to  participate  in  caucus,  150,  156. 

for  ward  and  district  candidates,  to  be  signed  by  not  less  than  fifty,  150. 

for  candidates  to  city  council,  eligibility  to  sign,  154. 
PARAPHERNALIA,  for  elections,  to  be  supplied  by  board  of  canvassers.  135. 
PARKS,  authority  of  city  to  use  electricity  for  lighting.  206. 

damages  for  injury  by  animals  to  trees  in,  260. 

commissioners  of,  may  be  appointed  by  city  council,  277. 

city  authorized  to  hire  money  for  certain,  278,  279. 
to  buy  land  for  Blackstone,   279, 

appropriation  authorized   for  band  concerts  in,  24. 
PARKWAY  of  Blackstone  Boulevard,  city  authorized  to  hire  money  for,  278,  279. 
PARTICIPATION  in  caucuses,  150,  156. 
PARTIES,  POLITICAL,  warden  and  clerks  to  be  of  different,  136. 

meaning  of,  as  used  in  Caucus  Act,  148. 

state  committee  to  be  annually  elected  by,  148. 

of  state,  ward  and  city  committees  of.  148,  149. 
PARTITIONS,  in  halls  of  certain  lodging  houses  to  be  fire-proof,  98. 

supporting  beams  or  rafters,  construction  of,  101. 

construction  of  brick-work  adjoining,   104, 

regulation  of  smoke-pipes  passing  through,   104. 

regulation  of  hoistways  not  enclosed  in  fire-proof,  107. 

of  stairways  to  be  fire-proof  in  certain  buildings,  107-109. 

already  built,  exempt  from  fire-escape  requirements,  117. 


INDEX.  359 

PARTITION  WALL,  definition  of,  90. 

in  close  limits  in  ontcr  building  districts,  90. 

thickness  of  external  walls  in  building  not  having,  97. 
PARTY  WALLS,  definition  of,  90. 

alterations  of  buildings  not  affecting,  92. 

in  close  limits  in  outer  building  districts,  90. 

protection  of,  from  adjoining  excavation,  93. 

height  of,  how  to  be  measured,  94. 

foundation  piling  under,  95. 

of  dwelling  houses  and  other  buildings,  thickness  of,  95--97. 

thickness  of  contiguous  walls  instead  of,  97. 

of  brick  or  stone  not  to  rest  on  wooden  supports,  98,  99. 

to  be  anchored  at  each  tier  of  beams,  99. 

coping  of,  to  be  constructed  in  what  manner,  99. 

to  be  carried  up  to  not  less  than  two  feet  above  roof,  99. 

to  be  corbelled  out  or  provided  with  gutter-stone,  99. 

prohibition  of  continuous  vertical  recess  in,  99. 

roof  or  floor  timbers  entering,  from  opposite  sides,  101. 

examination  and  rebuilding  of  unsafe,  114. 

in  second  building  district,  118. 
PASSENGERS,  transfer  stations  for,  authorized,  193--196. 

rate  of  ferriage  in  day  time  not  to  exceed  two  cents  for,  211. 
PAVING  of  streets  and  sidewalks,  power  of  city  council  over,  9. 

of  streets,  in  addition  to  special  tax  for  use  of  streets,  180. 

Union  Railroad  Co.  not  relieved  from  obligations  for,  183,  189. 
transfer  system  to  relieve  how  far,  railway  companies  from,  195. 

requirements  for,  not  affected  by  act  providing  for  tax  on  street  railways.  197. 
PAWTUCKET,  act  relative  to  political  committees  and  caucuses  in,  148--1G1. 
PAWTUCKET   STREET   RAILWAY   CO,   may   increase   capital   stock   for   certain 

purposes,  202. 
PAWTrXET  RIVER,  city  water  supply  may  be  obtained  from,  35. 

penalty  for  injury  to  city  water  supply  from,  37. 
PAYMENT  of  costs  to  be  part  of  sentence  of  police  court,  17. 

of  city  debt  in  gold  or  currency,  22. 

of  fine  and  cost,  imprisonment  on  default  of,  56. 

of  damages  for  land  taken  under  Betterment  Act,  250. 
f" AY-ROLL,  deductions  from,  for  teachers'  retirement  fund,  83. 
PEACE,  duty  of  mayor  to  preserve  the,  7. 

police  court  may  require  recognizance  to  keep  the,  16. 
PEACE,  JUSTICE  OF  THE,  mayor  to  be  one  of  the,  ex-officio,  7. 

justices  of  police  court  to  be,  15. 

power  of,  to  commit  to  house  of  correction,  or  to  jail,  53,  54. 

to  commit  vagrants  and  disorderly  persons  to  prison,  56. 

discharge  of  prisoners  committed  by,  57. 

to  issue  search  warrants  under  Gunpowder  Act,  04. 
PEACE  OFFICER,  mayor  may  require  aid  of,  8. 
PECUNIARY  FORFEITURE  in  police  court,  how  recovered,  16. 
PEDDLERS  in  streets,  may  be  regulated  by  ordinance,  49,  50. 

licenses  to,  already  issued,  not  affected  by  Chapter  846,  50. 


360  INDEX. 

PEDDLERS—  Continued. 

may  be  regulated  by  board  of  aldermen,  68,  69. 
under  state  license,  not  subject  to  regulation  by  aldermen,  69. 
PENALTIES,  power  of  inhabitants  to  inflict,  2. 
power  of  city  council  to  impose,  2,  10. 

under  ordinance  not  to  exempt  offender  from  penalty  under  state  law,  10. 
under  ordinances,  forfeiture  of,  and  suit  for,  10. 
jurisdiction  of  police  court  to  impose,  15,  16. 
city  charter  not  to  afCect  pre-existing,  19. 
for  indecent  intoxication,  56. 
for  injury  to  city  water  works,  37. 
for  interference  with  Point  street  bridge,  41. 
liability  of  board  of  canvassers  to,  130,  131,  133. 
for  driving  on  turfed  portions  of  streets,  261. 
for  encroachments  or  obstructions  in  harbor,  213. 
for  obstructing  street  with  buildings,  121. 

for  refusal,  by  disorderly  persons,  to  depart  from  buildings,  48. 
for  refusal  to  comply  with  order  relative  to  drainage,  235. 
for  rescue  of  gunpowder,  63. 
for  sale  of  unwholesome  provisions,  229. 
for  vagrancy  and  disorderly  conduct,  56. 
for  working  on  building  without  permit,  92. 
for  neglect  to  attend  at  school  required  by  law,  79. 

to  comply  with  fire-escape  law,  125,  126. 

to  repair  unsafe  buildings,  115. 

to  remove  rubbish  from  building  operations,  94. 

to  make  election  returns,  132. 

of  unsanitary  condition  of  premises.  230,  231.   . 

to  remove  lime  illegally  stored,  67. 
in  case  of  fire  resulting  from  illegal  storage  of  lime,  67. 
for  unlawful  act  as  to  harbor  line  between  Fox  Point  and  India  Point,  220. 
for  unlawful  burial  or  entombment  of  corpse,  276. 

keeping,  transportation  or  sale  of  gunpowder,  61,  62,  66. 

operation  of  steam  boilers,  85-87. 

piling  of  wood,  68. 

selling  in  street  without  license,  50. 

storage  of  cotton  waste,  59. 

structures  in  public  waters  above  Weybosset  Bridge.  215. 
for  violation  of  drainage  and  plumbing  ordinance,  281. 

of  junk  ordinance,  may  be  provided,  51. 

of  sewer  ordinance,  34. 

of  law  for  keeping  and  sale  of  fireworks,  60. 

of  law  relative  to  retaining  walls  in  harbor,  214. 

of  provisions  of  building  law,  119. 

of  regulations  for  ferry-boats,  211. 

of  regulations  for  preservation  of  harbor,  213. 

of  regulations  for  public  lands  and  waters,  217. 

of  rules  concerning  bootblacks  and  venders,  69. 

of  caucus  act,  160. 

of  voting  machine  act,  172.  ' 


INDEX.  361 

PENSION  FUND  for  policemen  and  firemen  may  be  established,  287. 

PEOPLE  of  the  city,  counting  of  ballots  cast  for  questions  submitted  to,  }31.  132. 

PEiiCENTAGE  to  be  paid  by  certain  corporations  upon  gross  earnings,  179,  183,  187, 

207,  208. 
PERJURY,  false  oath  before  board  of  canvassers  and  registration  to  oe  deemed,  133. 
PERMITS  for  building  to  be  issued  by  inspector  of  buildings,  92. 

for  building  to  be  exercised  within  six  months,  93. 

for  construction  of  coal  holes  and  vaults  under  sidewalk.  111. 

to  use  space  under  sidewalk,  application  and  conditions  for,  113. 

to  remove  building,  application  and  approval,  113. 

for  doorway  in  party  wall  in  second  building  district,  118. 

requiretl  for  building  within  ten  feet  of  street,  120. 

for  shelter  to  entrance  to  building  on  street,  121,  122. 
PERPETUAL  CARE  of  burial  lots  in  North  Burial  Ground,  273,  274. 

management  of  funds  held  in,  275. 
PI-]RSONAL  ESTATE,  duties  of  recorder  of  deeds  regarding  transfer  of,  5. 

jurisdiction  of  police  court  to  adjudge  forfeiture  of,  15,  10. 
PERSONAL  INTEREST  of  judg-e  of  municipal  court,  procedure  in  case  of,  15. 
PETITION,  appeal  from  the  taking  of  land  for  school  purposes,  to  be  by,  80,  81. 

of  owners,  highways  may  be  established  on,  240,  24JL. 

for  sprinkling  streets,  261. 
PIERS,  construction  of,  97. 

construction  of  external  wall  between,  97. 

under  brick  or  stone  walls,  construction  of,  98,  99. 

construction  of  isolated  and  external  brick,  100. 

columns  supported  by,  to  rest  on  iron  plate  or  cap-stone,  100. 

supporting  walls  of  masonry,  to  have  footing  course  of  stone.  100. 

iron  or  stone  Innders  to  be  built  into  brick,  100. 

regulation  of  wooden  buildings  built  on  in  second  district,  118. 
PIGS  going  at  large,  authority  to  prevent,  57,  58. 

going  at  large,  authority  to  declare  forfeiture  of,  58. 

between  certain  hours  prohibited,  58 ;  penalty.  59. 
PILES,  foundations  of  permanent  buildings  may  rest  upon,  94. 

for  foundations,  how  to  be  driven,  95. 

under  foundation  of  pier  or  column  to  be  of  sufBcieut  number,  100. 
PIPES,  penalty  for  injury  to  water,  37. 

exclusive  right  in  streets  to  use.  may  be  granted,  178. 
PITCH  of  stairways  in  places  of  assembly,  108. 
PLACE  of  ward  meetings,  citj-  clerk  to  give  notice  of,  17. 

of  town  meetings,  to  be  appointed  by  city  council,  19. 
PLANKS,  piling  of,  within  certain  limits,  prohibited,  08. 

PLANK  "WALK  along  fence  enclosing  wall  under  construction  near  street,  93,  94. 
PLANS  may  be  required  on  application  for  permit  to  build,  93. 
PLAT  of  land  taken  for  school  purpose  to  be  filed,  80. 

ways  shown  on  recorded,  may  be  established  as  highways,  240,  241. 
grade  of,  may  be  defined  on  request,  242. 

of  layout  of  highway  under  Betterment  Act,  240. 

copy  of,  to  be  filed  in  city  clerk's  office,  251. 

under  Betterment  Act  to  be  paid  for  by  citj',  251. 
46 


362  INDEX. 

PLATES,  columns  supported  by  brick  wall  or  pier  to  rest  ou  cap-stone  or  iron,  100. 

to  be  fire-proof  when,  103. 
PLUMBING,  city  council  may  make  ordinances  relative  to,  280,  281. 
inspector  of,  election  of,  281. 

assistant  inspectors  of,  appointment  and  removal,  282. 
PLURALITY,  members  of  school  committee  to  be  elected  by,  77. 

elects  or  nominates  at  caucuses,  156,  157. 
POINT  STREET  BRIDGE,  penalty  for  interference  with,  41. 
POINT  STREET  BRIDGE,  SUPERINTENDENT  OF,  appointment,  40. 
duties  of,  in  management  of  bridge  and  drawbridge,  40,  41. 
penalty  for  obstructing,  in  the  performance  of  duty,  41. 
POLES  in  streets,  exclusive  right  to  use,  may  be  granted,  178. 
use  of,  may  be  regulated  by  city  council,  10,  180. 
notice  to  Union  Railroad  Co.  to  remove,  182,  189. 
notice  to  Narragansett  Electric  Lighting  Co..  to  remove,  205. 
POLICE,  administration  of,  to  be  exercised  by  mayor  and  aldermen,  9. 

ordinances  may  be  made  for  disposition  of  property  in  hands  of,  10. 
POLICE  CONSTABLES,  appointment  and  removal  of,  40. 
mayor  may  require  aid  of,  8. 
detail  of,  to  attend  at  caucuses,  155. 

to  arrest  without  warrant  for  violation  of  caucus  act,  161. 
orders  to  improve  sanitary  conditions  may  be  served  by,  232. 
city  council  may  appropriate  money  for  relief  of,  286,  287. 
POLICE  COURT,  to  be  one  of  the  city  courts,  14. 
may  punish  for  contempt,  14,  16. 
organization,  jurisdiction,  and  procedure  of,  15—17. 
appeals  from,  how  taken,  17. 
costs  in,  how  taxed ;  how  taxed  on  appeal,  17. 
power  of,  to  commit  to  house  of  correction,  or  to  jail,  53,  54. 
jurisdiction  of,  of  prosecutions  for  unwholesome  provisions,  230. 
of  prosecutions  for  unsanitary  conditions,  230. 
POLICE  DEPARTMENT,  powers  of  city  council  to  regulate,  9. 
officers  of,  appointment  and  powers  of,  46-48. 
ambulance 'of,  to  have  right  of  way,  49. 
regulation  by,  of  peddlers  in  the  streets,  49,  50. 

of  dealers  in  junk  and  second  hand  articles,  .51. 
of  offenders  under  house  of  correction  act,  52-57. 
of  animals  at  large  in  the  streets,  57,  58. 
of  the  storage  of  cotton  waste,  59. 
of  the  storage,  keeping,  and  sale  of  fireworks,  59,  60. 
of  the  storage,  safekeeping,  and  transportation  of  gunpowder,  60-66. 
of  the  storing  of  lime,  67. 
of  the  piling  of  lumber,  67,  68. 
of  bootblacks,  newsboys,  and  street  venders,  68,  69. 
POLICE  FORCE,  mayor  may  assume  full  charge  of,  46. 
POLICE  JUSTICES  to  be  annually  elected  by  concurrent  vote,  1.5. 
may  vary  form  of  process,  16,  17. 

may  commit  vagrants  and  disorderly  persons  to  prison,  56. 
discharge  by  mayor  or  board  of  aldermen  of  persons  committed  by,  57. 


INDEX. 


363 


POLICE  SIGNAL  system  of  city,  uot  affected  by  exclusive  rights  to  electric  lighting 

company,  205. 
POLITICAL  COMMITTEES,  election  of,  148,  149. 

vacancy  in,  how  filled,  149. 

elected  at  caucuses,  to  be  elected  by  ballot,  153. 

tenure  of  ofiice  of.  149,  IGl. 
POLITICAL  CONVENTION,  meaning  of,  as  used  in  caucus  act,  148. 

certificate  of  election  of  delegates  to.  157. 
POLITICAL  PARTIES,  warden  and  clerk  to  be  of  different,  130. 

meaning  of,  as  used  in  caucus  act,  148. 

state  committee  to  be  annually  elected  by,  148. 

state,  ward,  and  city  committee  of,  148,  149. 

management  of  affairs  of,  149. 

certain  city  committees  may  regulate  membership  in,  149. 

right  to  participate  in  caucuses  of,  150,  154,  156. 

caucuses  not  to  be  held  on  same  day  by  two,  151. 

name  of,  not  to  be  used  in  combination  with  other  words,  151. 

first  designating  day  for  caucus,  to  have  precedence  on  that  day,  151. 

not  to  hold  tw'o  caucuses  on  successive  days,  151. 

caucuses  to  be  held  at  call  of  city  committee  of,  151. 

caucuses  and  conventions  of,  to  conform  to  caucus  act,  151. 

different  colors  to  be  used  in  checking  lists  at  caucuses  of,  155. 

arrangement  of  voting  machine  of  candidates  and  propositions  of,  1G7,  168. 
POLLING  PLACES  in  voting  districts,  to  be  designated  by  board  of  canvassers  and 
registration,  135,  3.36. 

for  caucuses,  how  provided,  151,  152. 

supply  of  ballot-boxes  and  supplies  to.  155. 
POLLS  in  caucuses,  open  and  close  when,  152,  153. 

caucus  officers  to  count  ballots  on  close  of,  157. 
POOR,  authority  to  forfeit  swine  running  at  large  to  use  of,  58. 

forfeitures  under  gunpowder  act  to  enure  one-half  to  use  of,  06. 
POOR-HOUSE,  management  of  Dexter  Asylum  as,  18,  19. 
POOR,  OVERSEER  OP,  to  be  elected  on  Tuesday  after  first  Monday  in  November,  18. 

to  hold  office  from  first  Monday  in  January,  18. 

new  election  in  case  of  refusal  to  accept  office  of,  18. 

in  case  of  death  before  qualification  in  office  of,  18. 
PORK,  appointment  of  inspector  of,  234. 

duties,  fees,  and  obligations  of  inspector  of,  234. 
PORT  WARDENS  to  be  elected  by  city  council.  226. 

duties  and  fees  of,  220-228. 
POSTING  of  voting  lists  by  board  of  canvassers,  129. 

of  hand-bills  required  under  Betterment  Act,  246. 
POSTS   in  streets,  powers  of  city  council  relative  to,  9. 

power  of  sidewalk  commissioners  to  remove,  43. 
POWERS  of  inhabitants  of  Providence,  2. 

of  mayor,  how  exercised  in  his  absence,  3,  4. 
PRECEDENCE  of  political  party,  designating  day  for  caucus,  151. 
PRELIMINARY  BUSINESS   at  caucuses,  153. 
PREMIUM  on  sale  of  schoolhouse  bonds  or  notes   to  be  added  to  sinking  fund,  82. 


364  INDEX. 

PRESCRIPTION,  establishment  of  highways  on  land  by,  241. 
PRESIDENT  OF  BOARD  OF  ALDERjMEN.  election  and  powers,  3,  4. 

pro  tempore,  election  and  powers,  4. 

licenses  to  sell  gunpowder  to  be  signed  by  city  clerk  or.  Gl. 
PRESIDENT  OF  COMMON  COUNCIL,  election  of,  6. 

ex-ofEcio  member  of  school  committee,  76. 
PRESIDENT  OF  SCHOOL  COMMITTEE  to  be  trustee  of  teachers'  fund,  83. 
PRESIDENTS  OF  FIRE  DEPARTMENT,  to  be  elected  by  city  council,  71. 

to  have  powers  of  fire-wards  under  gunpowder  act,  71. 
PREVENTION  of  nuisances,  power  of  city  council  for,  9. 

of  spread  of  fires,  by  destruction  of  buildings,  71. 
PRICE  of  water,  within  and  without  the  city,  35,  37. 

of  city  water,  owner  and  occupant  liable  for,  37. 

agreed  on  for  land  taken  for  school  purposes,  to  be  paid  forthwith,  80. 

awarded,  may  be  appealed  from,  80,  81. 

for  service  by  corporations  having  exclusive  rights  in  street,  limitation  of.  180, 
196,  209. 
PRINCIPAL  of  city  debt,  provision  for  payment  in  gold  or  currency,  22. 
PRISON,  power  of  mayor  to  commit  to,  7. 

includes  house  of  correction  and  Providence  county  jail,  54. 

board  of  aldermen  may  commit  to,  for  disobedience  of  order  to  depart.  55. 

commitment  of  vagrants  or  disorderly  persons  to,  56. 

power  of  board  of  aldermen  to  discharge  from,  56,  57. 
to  recommit  to.  57. 

power  of  mayor  to  discharge  from,  8,  57. 
PRISONERS  in  Providence  county  jail,  weekly  support  of  city,  54. 
PRIVATE  PROPERTY,  construction  and  maintenance  of  sewers  in,  28. 
PRIVILEGES  of  inhabitants,  2. 

of  street  railway  companies  forfeited,  when,  199. 

of  street  railways  in  streets,  revocation  of,  199,  200. 

of  Narragansett  Electric  Lighting  Co.,  revocation  of,  208. 
PRIVY  under  sidewalk,  prohibited,  112. 

PRIVY'  VAULT,  board  of  aldermen  may  require  destruction  of,  235. 
PROBATE,  city  clerk  not  to  discharge  duties  of  town  clerk  in  matters  of,  4. 

municipal  court  to  be  court  of,  14. 
PROCEDURE,  each  board  of  city  council  may  determine  its  own,  7. 
PROCEEDINGS  of  municipal  court  to  be  recorded,  14. 

police  court  may  take  recognizance  on  continuance  of,  16. 

of  town  meetings  to  be  recorded,  19. 
PROCESS  from  municipal  court,  when  clerk  is  a  party  to  be  signed  by  judge,  15. 

from  municipal  court,  form,  service,  and  return  of,  14. 

justices  of  police  court  may  vary  form  of,  16,  17. 

from  police  court  may  be  served  by  constables  and  other  officers,  17. 

city  charter  not  to  affect  pre-existing,  19. 

civil,  not  to  be  served  by  special  police  constables,  47. 

civil,  constables  with  power  to  serve,  appointment  of,  69,  70. 
PRODI^CE  of  farms,  sale  of,  in  street,  exempted  from  regulation,  50. 
PROFIT,  office  of,  in  gift  of  city  council,  prohibited  to  city  councilmen,  12. 
PROHIBITION  of  shows  and  entertainments,  powers  of  city  council  relating  to,  9. 


INDEX.  365 

PROJECTION  of  bay  or  oriel  window  over  street.  102. 

above  roof,  to  be  fire-proof,  when.  lOo. 
PKOMISSORY  NOTES,  management  of  sinking  funds  for  redemption  of,  20,  21. 
may  be  given  foi-  money  hired  to  pay  state  tax,  21. 

acceptance  or  rejection  of  bids  for  city,  22. 

city  council  may  provide  for  payment  of,  in  gold  or  cui-rency,  22. 

of  c-ity,  for  new  schoolhouses  and  lots,  82. 

for  retaining  wall  from  Hill's  Wharf  to  Sassafras  Point,  224,  225. 

for  improvement  of  the  harbor,  225. 

for  layout  and  building  of  street  to  Prospect  Street,  263. 
for  highway  purposes,  264. 
to  be  paid  according  to  their  tenor,  265. 

for  Roger  Williams  Park,  Blackstone  Park,  and  Parkway,  278.  2T!>. 
PROPERTY  in  hands  of  police,  ordinances  may  be  made  relative  to.  10. 

jurisdiction  of  police  court  to  adjudge  forfeiture  of  personal,  15,  16. 

construction  and  maintenance  of  sewers  in  private,  28. 

school  committee  to  have  custody  of  school,  77,  78. 
PROPERTY  OF  THE  CITY  to  be  in  care  and  management  of  city  council,  13. 

schedule  of,  to  be  published  annually,  13. 
PROPORTION,  of  damages  under  Betterment  Act,  to  be  assessed,  248,  253. 
PROPOSITIONS  submitted  to  the  people  of  the  city,  counting  of  ballots  for,  131. 

arrangement  of,  on  ballot-caption  of  voting  machine.  167,  168. 

to  be  printed  on  tally-sheet  of  voting  machine,  168. 
PROSECUTION,  power  of  the  mayor  to  commit  for  purposes  of,  7. 

city  charter  not  to  affect  pre-existing,  19. 

imprisonment  on  default  in  payment  of  costs  of,  56. 
PROSPECT  STREET    Providence  Cable  Tramway  Co.  may  operate  cars  in,  188. 

loan  authorized  for  street  from  South  Water  Street  to,  263. 
PROSTITUTES  to  be  deemed  vagrants,  55. 

are  disorderly  persons,  55. 
PROTECTION  of  city  from  fire,  power  of  city  council  relative  to,  9. 

of  excavations  adjoining  street,  93. 
PROVIDENCE  CABLE  TRAMWAY  COMPANY,   historical  note  relative  to  fran- 
chises of,  173. 

act  of  May  23,  1893,  conferring  exclusive  street  rights  upon.  187-190. 

may  use  electricity  as  a  motive  power,  190,  191. 

authorized  to  make  contracts  with  the  city,  191-193. 

to  be  relieved  from  paving,  how  far,  for  five  years  after  establishment  of  transfer 
stations,  195. 
PROVIDENCE  COUNTY  JAIL,  police  court  may  commit  to,  16. 

commitments  to,  may  be  made  by  whom,  and  for  what  offences,  53,  54. 

imprisonment  in,  for  default  of  fine  and  costs,  56. 

jailer  of,  payments  to,  for  support  of  city  prisoners,  54. 
PROVIDENCE  GAS  COMPANY,  historical  note  relative  to  franchises  of.  176. 
PROVIDENCE  TELEPHONE  COMPANY,  note  relative  to  franchises  of,  176,  177. 
PROVISIONS,  forfeiture  and  seizure  of  unwholesome,  229. 
PRUDENTIAL  AFFAIRS,  administration  of,  in  whom  vested,  2. 
PUBLIC  ADMINISTRATOR  to  be  appointed  by  city  council,  283. 

duties,  powers,  and  obligations  of,  283-285. 


366  INDEX. 

PUBLICATION  required  of  ordinances,  rules,  and  regulations,  13. 

of  call  for  caucus,  151. 

of  voting  lists  by  board  of  canvassers,  129. 
PUBLICATIONS,  religious,  may  be  sold  in  street  without  license  fee,  50. 

without  regulation  by  board  of  aldermen,  69. 
PUBLIC  BRIDGES,  commissioner  of  public  works  to  have  charge  of,  27,  31. 

city  council  may  confer  upon  commissioner,  powers  over,  31. 
PUBLIC  BUILDINGS,  powers  of  city  council  relative  to,  9. 

city  council  may  confer  upon  commissioner  powers  over,  31. 

superintendent  of,  election  in  .January.  6. 

to  examine  buildings  reported  unsafe,  when,  115. 
PUBLIC  LANDS,  city  council  may  regulate  use  of,  217. 
PUBLIC  MARKETS,  power  of  city  council  to  regulate,  9. 
PUBLIC  OCCASIONS,  appropriation  authorized  for  celebration  of.  24. 
PUBLIC  PARKS,  appropriations  authorized  for  band  concerts  in,  24. 
PUBLIC  PLACES,  persons  begging  or  receiving  alms  in,  to  be  deemed  vagrants,  55. 

keepers  of  gaming  implements  in,  to  be  deemed  disorderly  persons,  .56. 

gamesters  or  performers  in,  to  be  deemed  disorderly  persons,  .56. 
PUBLIC  SCHOOLS,  may  be  established  by  city  council.  11. 

custody  and  management  of,  vested  in  school  committee,  77,  78. 

appropriation  for,  to  be  drawn  against  by  school  committee,  78. 

expense  under  contract  with  normal  school  to  be  paid  out  of,  78. 

protection  to  life  from  fire  in,  122-128. 
PUBLIC  WATERS,  regulation  and  preservation  of,  212-218. 
PUBLIC  WORKS,  city  council  may  confer  upon  commissioner   powers  over,  31. 

apportionment  of  damages  for  lands  taken  for  construction  of,  .38. 

of  city,  contracts  for,  to  be  fulfilled  acording  to  their  tenor,  265. 
PUBLIC  WORKS,  BOARD  OF,  creation  and  abolishment  of,  26. 
PUBLIC  WORKS,  COMMISSIONER  OF,  to  be  appointed  by  the  mayor,  26,  27. 

may  employ  a  secretary,  26,  28. 

city  council  may  fix  salary  of,  27. 

to  have  powers  and  duties  of  board  of  public  works,  27. 

to  have  control  of  engineering  department,  27. 

to  appoint  city  engineer  and  subordinate  engineers,  27. 

to  fix  salaries  of  engineers  subject  to  approval,  27. 

to  make  reports  on  bridges,  27,  28. 

may  hire  employees  in  his  department,  28. 

to  have  charge  of  construction  and  maintenance  of  sewers,  28. 

power  of,  to  make  assessments  under  Sewer  Acts,  29. 
to  prescribe  rules  for  connecting  with  sewers,  30. 

sewer  assessments  to  be  a  lien  from  dates  certified  by,  30. 

to  have  powers  of  surveyors  and  commissioners  of  highways,  31. 

to  have  charge  of  construction  and  maintenance  of  all  public  bridges,  27. 

city  council  may  confer  powers  of  construction  and  maintenance  upon,  31. 

oflBcial  bond  may  be  required  by  city  council  from,  31. 

connections  with  sewers,  may  be  built  by,  33. 

may  require  removal  of  rubbish  from  building  operations,  94. 

permit  for  removal  of  building  to  be  approved  by,  113. 

lamp-posts  not  to  be  disturbed  except  by  consent  of,  113. 


INDEX.  867 

PUBLIC   WORKS,  COMMISSIONER  OF— Continued. 

tree  not  to  be  cut  without  consent  of,  113. 

shelter  over  sidewalk  may  be  removed  by,  when,  122. 

may  remove  obstructions  on  layout  of  highway,  2-44. 

authority  of,  relative  to  trees  in  the  highway,  259,  2G0. 

may  be  authorized  to  water  the  streets,  2G1. 

powers  of,  not  abridged  by  Street  Watering  Act,  2(52. 
PUBLIC  WORKS  DEPARTMENT,  historical  note  of,  26. 
PUNISHMENT,  jurisdiction  of  police  court  to  impose,  15,  16. 
PUPPET  SHOWS,  exhibitor  or  performer  of,  to  be  deemed  disorderly  person,  56. 
PURCHASE  of  junk  and  second-hand  articles,  license  for,  51. 

of  land  for  school  purposes  to  be  by  city  council,  78. 
PURLINS  to  be  fire-proof,  when,  103. 


QUALIFICATION,  in  office,  new  election  in  case  of  death  before,  18. 

of  member  of  school  committee,  75. 

of  election  officers,  136. 

for  participation  in  caucus  or  to  sign  nomination  paper,  150,  156. 

of  candidate  for  ofiice  of  caucus  warden  or  caucus  clerk,  1.52. 

to  participate  in  city  council  caucuses,  154. 
QUARRELLING,  power  of  mayor  to  commit  to  prison  for,  7. 
QUESTIONS,  submitted  to  the  people  of  the  city,  counting  of  ballots  for,  131. 

arrangement  of,  on  ballot-captions  of  voting  machines,  167,  168. 

to  be  printed  on  tally  sheet  of  voting  machine,  168. 
QUORUM  in  board  of  aldermen  and  common  council,  7. 

of  town  meetings,  19. 

of  board  of  appeal  under  fire-escape  lav.%  126. 

of  board  of  canvassers,  130. 


RAFT,  mooring  of,  to  Point  Street  Bridge ;  penalty  for,  41. 
RAFTERS,  certain  walls  of  brick  or  stone  not  to  rest  on  wooden,  99. 

to  rest  on  iron,  brick  or  -stone  support,  99. 

entering  brick  walls  to  be  cut  on  a  splay,  101. 

construction  of  main  partitions  supporting,  101. 

to  be  fire-proof,  when,  103. 
RAILROAD  COMMISSIONER,  revocation  of  location  of  street  railway  company  to 
be  approved  by,  199. 

appeal  from  decision  of,  on  revocation  of  rights  of  street  railway,  200. 

approval  of  increase  of  capital  stock  of  street  railway  company  by,  200,  202. 
RAILROADS,  power  of  city  to  carry  water  works  over  or  under,  35. 

enjoying  franchises  in  streets,  note  of,  173-175. 
RAILROAD  TERRACE,  lease  of,  to  Union  Railroad  Co.,  174. 
RAILS,  exclusive  right  in  streets  to  use,  may  be  granted,  17S. 

in  streets,  notice  to  Union  Railroad  Co.  to  remove,  182,  189. 

city  council  may  regulate  use  of,  over  public  lands  and  waters,  217. 

use  of  may  be  regulated  by  city  council,  180. 

removal  of,  on  order  of  revocation,  199. 

in  central  transfer  station,  railway  company  may  lay  additional,  195. 


368  INDEX. 

RAILWAY  in  street,  city  council  may  grant  exclusive  right  to  operate,  178--180. 
RAILWAY  STATION  on  land  covering  public  waters  above  Weybosset  Bridge,  216. 
RAISING  of  buildings  to  conform  to  building  law,  92. 
RANGES,  construction  of  flues  for,  103. 

construction  of  brick  work  back  of,  104. 

protection  of  wood-work  from  flues  of,  105. 

regulation  of  cooking.  105. 
RATE,  for  service  by  corporation  having  exclusive  rights  in  streets,  limitation  of,  180, 
196. 

per  centum  to  oe  paid  on  gross  earnings  of  certain  corporations,  179,  183,  184, 
187,  208. 

of  speed  of  street  cars,  city  council  may  regulate,  188. 

of  charge  for  electric  lights  not  to  be  increased,  209. 

of  charge  for  electric  lights  furnished  to  city,  209. 

of  dividends  of  Narragansett  Electric  Lighting  Co.  restricted,  209,  210. 

of  ferriage  in  daytime  not  to  exceed  two  cents  for  each  passenger.  211. 
RATES  OF  FARES  to  be  charged  by  Union  Railroad  Company,  185,  186,  190. 

under  system  of  free  transfers,  196. 
RATIO  of  assessments  under  Betterment  Act,  248,  253. 
REAL  ESTATE,  duties  of  recorder  of  deeds  regarding  transfer  of,  5. 

for  water  works  purposes,  power  of  city  to  acquire,  35. 

of  city.  Betterment  Act  applies  to  as  in  other  cases,  249. 

assessment  under  Betterment  Act  to  be  a  lien  on,  251. 

may  be  sold  by  public  administrator  for  payment  of  debts,  284. 
REAR  WALLS  of  brick  or  stone  not  to  rest  on  wooden  supports,  99. 

party  walls  to  be  corbelled  to  outer  edge  of  projections  on,  99. 
REASONS  OF  APPEAL  under  fire-escape  law  to  be  filed  in  city  clerk's  office,  126. 

from  assessments  for  watering  streets,  262. 
REASSESSMENTS  for  sewer  tax,  29,  30. 
REBATE  on  sewer  assessments  for  anticipated  payment,  31. 
RECEIPTS  and  expenditures,  account  of,  to  be  furnished  annually,  13. 

from  sewer  assessments  to  be  held  and  applied  by  city  treasurer,  25. 

of  corporations  having  franchises,  historical  note  as  to  tax  on  gross,  173-177. 

corporations  to  make  quarterly  return  of  gross,  179,  183,  187. 

gross,  how  ascertainetl  in  different  cities  and  towns,  179,  184. 

street  railway  companies  to  pay  to  state  annual  tax  of  one  per  centum  of  gross, 
197,  200,  201. 
RECESS,  prohibition   in  party  wall  of  continuous  vertical,  99. 
RECOGNIZANCE,  police  court  may  take,  16, 

police  court  may  commit  for  want  of,  16. 
RECOMMENDATIONS  to  city  council,  duty  of  mayor  to  furnish,  8. 
RECOM^NIITMENT  to  prison  by  board  of  aldermen,  57. 
RECORD,  of  application  for  permission  to  construct  buildings,  91. 

of  conveyances  and  other  instruments,  4.  5. 

of  election,  to  be  returned  to  board  of  canvassers,  132. 
to  be  delivered  to  city  clerk,  133. 

of  election  by  voting  machine,  171. 

of  fees  to  be  kept,  in  case  of  substituted  salaries,  11. 

of  moneys  received  to  be  kept  by  city  clerk,  4. 

of  municipal  court  to  be  kept  by  clerk  of,  14. 


INDEX.  369 

RECOUD— Continued. 

of  police  court  to  be  kept  by  justices  of,  16. 

of  registered  bonds  to  be  kept  by  city  treasurer,  20. 

of  town  meeting  to  be  kept  by  city  clerk,  19. 

of  buildings,  dangerous  or  damaged,  91. 
examination  of,  by  inspector,  91. 

of  violations  of  building  law,  91. 

board  of  canvassers  may  compel  production  of,  133. 
to  collect  fee  for  133,  134. 

of  count  by  board  of  canvassers  and  registration,  1.32. 

penalty  on  board  of  canvassers  for  false,  133. 

to  be  kept  by  inspector  of  buildings,  91. 

to  be  kept  by  port  wardens,  227. 
RECORDER  OF  DEEDS  to  be  elected  by  city  council,  4. 

general  duties  of,  4,  5. 

deputy,  may  be  appointed  by  mayor,  5. 

may  be  removed  from  office  by  mayor,  .5. 

description  of  land  taken  for  school  purposes  to  be  recorded  by,  80. 
RECOUNT,  of  ballots  cast  at  caucus,  158,  159. 

candidates  may  be  present  at,  in  person  or  by  agent,  159. 
RED  BRIDGE,  maintenance  of  by  Providence  and  East  Providence,  42. 
RED  FLAG  to  be  displayed  on  boat  conveying  gunpowder,  G5. 
REDISTRICTING  of  city,  by  board  of  canvassers,  135,  13G. 
RED  LIGHTS  to  be  hung  on  building  in  street  at  night,  114. 
REDUCTIOIS  of  salary,  limitation  on,  12. 

REFERENCE  of  report  of  commissioners  of  estimate  and  assessment,  248,  257. 
REFORM  SCHOOL,  state,  police  court  may  commit  to,  IG. 
REFUNDING  of  assessment  for  sewer,  29,  30. 
REFUSAL  to  accept  office,  new  election  in  case  of,  18. 

of  right  of  way  to  ambulance ;  penalty,  49. 

to  repair  unsafe  building ;  penalty  for,  110. 

to  remove  unsanitary  conditions ;  penalty  for,  230,  231. 

to  comply  with  order  relative  to  drainage ;  penalty  for,  235. 
REGISTER  of  hot-air  furnace,  regulation  of,  104,  105. 

REGISTERED  VOTERS  not  to  vote  on  machines  used  by  property  voters,  104. 
REGISTRAR,  CITY,  city  clerk  not  to  perform  duties  pertaining  to  office  of.  4. 

appointment  of  deputy  in  case  of  disability  of,  2.34. 
REGISTRATION  of  coupon  bonds  may  be  provided  for,  20. 

of  voters  by  board  of  canvassers,  129. 

quorum  of  board  of  canvassers  for,  130. 
REGISTR.^TION,  BOARD  OF  CANVASSERS  AND,  election  of.  129. 
REGULATIONS,  power  of  inhabitants  or  city  council  to  make,  2. 

city  council  may  impose  penalties  for  violation  of,  2,  10. 

of  procedure,  each  board  may  determine,  7. 

for  government  of  city,  power  of  city  council  to  make,  9. 

of  vehicles,  power  of  city  council,  9. 

of  theatres,  powers  of  city  council  relative  to,  9. 

relative  to  telegraphic  and  other  wires,  10. 

for  disposition  of  property  in  hands  of  police,  10. 
47 


370  INDEX. 

nEGVLATIO^S-ConUnued. 

of  city  council  and  board  of  aldermen  to  be  published,  13. 

jurisdiction  of  police  court  of  offences  against,  15.  IG. 

city  charter  not  to  affect  pre-existing,  19. 

of  commissioner  of  public  works  relative  to  sewers,  30. 

for  use  of  sewers  may  be  made  by  city  council,  34. 

of  distribution,  use.  and  price  of  city  water,  35,  37. 

authorized  for  government  for  house  of  correction,  53. 

for  keeping  and  sale  of  fireworks  may  be  made  by  board  of  aldermen,  60. 

for  storing  of  lime,  67. 

for  bootblacks,  newsboys,  and  street  venders,  68,  69. 

of  public  schools  vested  in  school  committee,  78. 

for  administration  of  teachers'  retirement  fund,  83. 

for  party  membership  and  right  to  participate  in  caucuses,  149. 

of  rights  and  franchises  of  corporations  in  streets,  180.  182.  188,  189,  205. 

of  exclusive  rights  in  streets,  appeal  from  unreasonable,  180. 

for  preservation  of  harbor,  212. 

board  of  aldermen  may  make,  for  unwholesome  provisions,  229. 

for  collection  and  removal  of  garbage,  232. 

for  drainage  and  plumbing  in  buildings,  280,  281. 
REINVESTMENT  of  perpetual  care  funds,  275. 
REJECTION  by  city  treasurer  of  bids  for  bonds  and  city  notes,  22. 

of  ballots,  candidate  may  be  heard  for  or  against,  132. 

of  questions  submitted  to  the  people,  duty  of  city  clerk,  132. 
RELATIONSHIP  of  judge  of  municipal  court,  procedure  in  case  of,  15. 
RELEASE  of  damages  as  condition  of  right  to  connect  with  sewer.  30. 
RELIEF  of  firemen  and  policemen,  appropriations  for,  286,  287. 
RELIGIOUS  BOOKS  may  be  sold  in  streets  without  payment  of  license  fee.  50. 

without  regulation  by  board  of  aldermen,  69. 
RELIGIOUS  CORPORATIONS,  land  of,  held  for  cemetery  purposes  exempt  from 

sewer  assessments,  32. 
REMAINDERMAN,  life  tenant  paying  sewer  assessment  may  recover  indemnity  from, 
32,  33. 

apportionment  to,  of  damages  assessed  in  entire  sum,  38,  39. 
REMOVAL  of  acting  judge  of  municipal  court,  15. 

of  assistant  inspectors  of  buildings,  92. 

of  assistant  inspectors  of  plumbing,  282. 

of  buildings,  regulation  of,  113,  114. 

of  buildings  on  layout  of  highway,  244,  245,  249.  252. 

of  electric  wires  in  street,  liable  to  become  dangerous,  10,  11. 

of  garbage,  board  of  aldermen  may  make  rules  for,  232. 

of  keeper  of  house  of  correction,  53. 

of  nuisances,  power  of  city  council  for.  9. 

of  obstructions  in  sidewalk  or  street,  43. 
in  harbor,  213,  215. 
outside  harbor  line  between  Fox  Point  and  India  Point,  220. 

of  officers  by  city  council,  12. 

of  police  constables  and  city  watchmen,  4(5. 

of  railroad  tracks  authorized  over  public  lands  and  waters,  217. 


INDEX. 


371 


RE'MOYAL— Continued. 

of  tracks  of  Union  Railroad  Co.  on  notice.  182,  189. 

of  tracks  of  street  railway  company  on  order  of  revocation,  199. 

of  trolley  system  may  be  ordered,  182,  189. 

of  system  of  Narragansett  Electric  Lighting  Co.,  205. 

of  trees  planted  in  street,  2G0. 

of  undertakers  from  office,  270. 

of  unsafe  buildings,  114,  115. 

of  unsanitary  conditions,  230,  231. 

of  unsuitable  persons  from  city,  board  of  aldermen  may  order,  55. 

of  wooden  buildings  into  first  building  district,  prohibited,  117.  _ 

from  ward,  vacates  office  of  school  committee,  75. 

vacancy  by,  in  office  of  caucus  warden  or  clerk,  152. 
REMOVAL  FROM  OFFICE  of  deputy  recorder  of  deeds,  5. 
of  city  officers,  12. 

of  constable  with  power  to  serve  civil  process,  70. 
RENEWAL  of  licenses  to  sell  gunpowder,  61. 

of  city  debt  does  not  require  special  statutory  authority,  2G5. 
RENTAL  of  unlawful  tenement  houses,  prohibited,  111. 
RENTS  for  water,  owner,  and  occupant  liable  for  payment  of,  37. 

central  transfer  station  to  be  furnished  free  from,  195. 

to  abate  in  respect  to  lands  taken  under  Betterment  Act,  250. 
REPAIR   of  bridges,  in  charge  of  commissioner  of  public  works.  27,  31. 

of  buildings,  to  be  inspected  by  inspector  of  buildings,  91. 

permit  to  build  not  required  for  necessary,  92. 

of  coal-hole  or  sidewalk  vault,  responsibility  for,  112. 

of  school  buildings,  city  council  to  have  expenditure  of  appropriation  for,  78. 

of  sewers  and  drains,  28. 

of  sidewalks,  authority  for  requiring,  43--45. 

of  stairways  in  tenement  houses,  110. 

of  streets,  in  addition  to  special  tax  for  use  of  streets,  180. 

Union  Railroad  Co.  not  relieved  fron)  obligation  for,  183,  189,  199. 

of  unsafe  buildings,  to  be  a  lien,  when,  115. 

of  wooden  buildings  in  first  district,  117. 
REPEAL  of  ordinance  to  be  by  ordinance,  13. 
REPORT  of  board  of  survey  of  unsafe  building,  action  on,  115. 

of  appraisers  of  value  of  estate  surrendered  under  Betterment  Act,  255. 

of  commission  to  divide  the  city  into  wards  and  districts,  135,  138. 

of  commissioner  of  public  works  to  city  council,  28. 

of  commissioners  of  estimate  and  assessment,  247,  248. 
action  of  supreme  court  upon.  248,  249. 

city  council  and  parties  may  agree  before  final  confirmation  of,  249. 
damages  to  be  paid  within  four  months  of  confirmation  of,  2.50. 
to  be  evidence  in  suit  for  damages,  250. 
copy  of,  to  be  filed  in  city  clerk's  office,  251. 
appeal  from,  and  proceedings  thereon,  251,  252,  254,  257,  258. 
notice  of  filing  of,  in  supreme  court,  248,  251,  254. 

of  inspector  of.  buildings  to  city  council,  91. 

of  men  appointed  to  lay  out  streets,  action  on,  243,  244. 

of  port  wardens,  record  of,  227. 


372  INDEX. 

REPUTATION  persons  of  doubtful,  to  be  deemed  vagrants,  55. 

REQUEST,  of  city  council,  highway  not  to  be  established  except  on,  242,  24^).  252. 

grade  of  platted  street  may  be  defined  on,  242. 
RESCUE  of  gunpowder,  penalty  for,  63. 

RESERVATION  out  of  salaries,  for  teachers'  retirement  fund,  83. 
RESERVOIR  power  of  city  to  acquire  lands  for,  35. 
RESIDENCE  in  ward  required  for  aldermen  and  councilmen,  IS. 
for  members  of  school  committee,  75. 

and  name  of  voter  to  be  written  on  challenged  vote,  15(3. 

does  not  necessarily  disqualify  as  commissioner  under  Betterment  Act.  246. 
RESIGNATION,  new  election  in  case  of  vacancy  in  ofSce  by,  7. 

removal  of  school  committeeman  from  ward  equivalent  to,  when.  75. 
RESOLUTIONS  in  concurrence  to  be  presented  to  the  mayor,  8. 

may  authorize  city  treasurer  to  accept  or  reject  bids  for  city  bonds.  22. 

may  fix  fees  for  licenses  and  commissions,  23,  24. 

condemnation  of  land  for  school  purposes  to  be  by,  79--81. 

contracts  between  city  and  railroad  companies  to  be  authorized  by,  174,  192. 
RESPONSIBILITY  arising  from  coal  hole  or  sidewalk  vault,  112. 
RESULT  of  elections,  determination  of  and  declaration,  131,  132. 
RETAIL  DEALERS  not  to  sell  gunpowder  without  a  license,  61. 

in  gunpowder,  to  state  business  in  application  for  license,  65. 
regulation  of  business  of,  65,  66. 
RETAINING  WALL  to  be  built  before  filling  tide-flowed  flats.  214. 

from  Hill's  wharf  to  Sassafras  Point,  loan  for,  224.  225. 
RETIREMENT  FUND  for  teachers,  school  committee  authorized  to  establish,  82,  83. 

of  what  to  consist,  and  how  administered,  83. 

who  may  be  beneficiaries  of,  84. 
RETURNING  BOARD,  board  of  canvassers  and  registration  to  be,  131. 

voting  machines  to  be  examined  and  approved  by  state.  162.  163. 
RETURNS  of  writ  or  process  from  municipal  court,  form  of,  14. 

of  ballots  by  election  officers,  136. 

by  caucus  officers  to  board  of  canvassers  and  registration,  157. 

of  gross  earnings  of  corporations  having  rights  in  streets,  179,  183.  187,  207. 

relative  to  canvassing  and  registration  to  be  made  to  board  of  canvassers,  130. 

of  election  officers  to  be  made  to  board  of  canvassers,  132. 

penalty  on  board  of  canvassers  for  false,  133. 
■    of  caucus  officers,  board  of  canvassers  to  furnish  forms  for,  155. 
REVELLING,  power  of  mayor  to  commit  to  prison  for,  7. 
REVENUE  of  the  state,  act  providing  for,  by  tax  on  street  railways.  197. 
REVERSIONER,  apportionment  to.  of  damages  assessed  in  entire  sum,  38,  39. 
REVOCATION  of  license  to  dealer  in  junk  or  second-hand  articles,  51. 

of  license  to  keep  and  sell  fireworks,  60. 
to  sell  gunpowder,  61. 

of  appointment  of  constable  with  power  to  serve  civil  process.  70. 

of  license  for  steam  boiler,  by  board  of  aldermen,  85. 

of  permit  for  shelter  over  sidewalk,  122, 

of  exemption  from  requirement  for  fire-escapes,  124. 

of  certificate  of  compliance  with  fire-escape  law,  124. 

by  city  council  of  rights  of  corporations  in  streets,  199,  200.  208. 


INDEX.  373 

RHODE  ISLAND  HOSPITAL,  city  council  may  make  annual  appropiiatiou  to,  236. 

mayor  may  contract  with,  for  care  of  contagious  diseases,  236,  237. 
RHODE  ISLAND  NORMAL  SCHOOL,  city  school  committee  authorized  to  contract 

for  education  of  pupils  at,  78. 
RHODE  ISLAND,  STATE  OF,  engagement  to  support  constitution  and  laws  of,  3. 

buildings  of,  exempt  from  building  law,  88. 

act  providing  revenue  for,  by  tax  on  street  railways,  197. 
RHODE  ISLAND  SUBURBAN  RAILWAY  COMPANY,  may  increase  capital  stock 

for  certain  purposes,  202. 
RIDING  on  turfed  portions  of  streets,  penalties  may  be  prescribed  for,  261. 
RIGHT  OF  WAY  of  ambulance  of  city  hospital,  49. 
RIGHTS  of  inhabitants  of  Providence,  2. 

city  charter  not  to  impair  pre-existing,  19. 

in  streets,  grants  to  corporations  of  exclusive,  173--211. 

exclusive,  of  Union  Railroad  Co.  to  cease  on  failure  to  open  new  lines, 
185. 

of  street  railway  companies  forfeited,  when,  199. 

of  street  railways  in  streets,  revocation  of,  199.  200. 

exclusive,  of  Narragansett  Electric  Lighting  Co.  for  twenty  j'ears,  204. 
to  be  forfeited  on  failure  to  perform  conditions,  208. 
RIOTOUS  PERSONS,  powers  of  city  council  relative  to  security  of  city  from,  9. 
RIVER,  encroachments  upon,  power  of  city  council  relative  to,  9. 
ROGER  WILLIAMS  PARK,  city  authorized  to  hire  money  for,  278,  279. 
ROOF  BEAMS  entering  party  wall  from  opposite  sides,  101. 
ROOFS,  party  wall  to  be  carried  up  not  less  than  two  feet  above.  99. 

construction  of,  101. 

of  certain  buildings  to  be  covered  with  incombustible  material.  102. 

walls  to  be  carried  up  behind  cornice  to  the,  102. 

of  buildings  on  streets,  leaders  for  conducting  water  from,  102. 

structures  above,  to  be  fire-proof,  when,  103. 

buildings  to  have  scuttle,  or  bulkhead  and  door  on,  103. 

of  brick  flues  to  be  smoothly  plastered  below,  103. 

flues  to  be  topped  out  at  least  three  feet  above.  103. 

of  boiler  rooms,  construction  of,  106. 

of  tenement  houses  to  be  kept  in  good  repair,  110. 

of  projections  above  buildings  in  second  building  district,  to  be  fire-proof,  118. 
ROPE  DANCING,  performer  or  exhibitor  of.  to  be  deemed  disorderly  person,  56. 
RUBBISH,  deposit  of,  in  street,  during  building  operations,  prohibition,  94. 

from  building  operations  to  be  removed  on  order  from  commissioner  of  public 
works,  94. 
RULES  AND  REGULATIONS  of  procedure,  each  board  may  determine.  7. 

power  of  inhabitants  or  city  council  to  make,  2. 

city  council  may  impose  penalties  for  violation  of,  2.  10. 

for  government  of  city,  power  of  city  council  to  make,  9. 

for  vehicles,  power  of  city  council,  9. 

for  theatres,  power  of  city  council,  9. 

relative  to  telegraphic  and  other  wires,  10. 

for  disposition  of  property  in  hands  of  police.  10. 

of  board  of  aldermen  to  be  published,  13. 

jurisdiction  of  police  court  of  offences  against,  15,  16. 


374  INDEX. 

RULES  AND  REGULATIONS— Continued. 

city  charter  not  to  affect  pre-existing,  19. 

of  commissioner  of  public  works  relative  to  sewers,  30. 

for  use  of  sewers  may  be  made  by  city  council,  34. 

of  distribution,  use,  and  price  of  city  water,  35,  37. 

authorized  for  government  for  house  of  correction,  53. 

for  keeping  and  sale  of  fireworks  may  be  made  by  board  of  aldermen,  60. 

for  storing  of  lime,  67. 

for  bootblacks,  newsboys,  and  street  venders,  68,  69. 

for  administration  of  teachers'  retirement  fund,  83. 

for  party  membership  and  right  to  participate  in  caucuses,  149. 

for  rights  and  franchises  of  corporations  in  streets,  180,  182,  188,  189,  205. 

for  exclusive  rights  in  streets,  appeal  from  unreasonable,  180. 

for  preservation  of  harbor,  212. 

board  of  aldermen  may  make,  for  unwholesome  provisions,  229. 

for  collection  and  removal  of  garbage,  232. 

for  drainage  and  plumbing  in  buildings,  280,  281. 
RUNNING  AT  LARGE,  authority  to  prohibit  animals,  57,  58. 

animals  feeding  or  grazing  in  street  deemed  to  be,  58. 

SAFETY  of  tenement  houses,  board  of  health  may  regulate,  110. 
SALARY,  limitation  on  increase  or  diminution  of,  12. 

assessments  from,  for  teachers'  retirement  fund,  83. 
commissioners  of  North  Burial  Ground  to  serve  without,  274. 
compensation  beyond,  forbidden  to  mayor  and  city  officers,  7,  12. 
of  aldermen  and  common  councilmen  to  be  fixed  by  city  council,  12. 
of  board  of  appeal  under  fire-escape  law,  127. 
of  board  of  canvassers  and  registration,  129,  134. 

of  clerks  of,  134. 
of  certain  officers  in  public  works  department  to  be  paid  monthly,  28. 
of  city  officers  instead  of  compensation  by  fees,  11. 

may  be  established  by  ordinance,  11,  12. 
of  city  treasurer  to  be  fixed  by  city  council,  6. 
of  commissioners  of  public  works  to  be  fixed  by  ordinance.  27. 
of  engineers  to  be  fixed  by  commissioner  of  public  works,  27. 
of  fire  commissioners,  72. 

of  harbor  master,  city  council  may  pass  ordinances  relative  to,  218. 
of  inspectors  of  buildings  to  be  fixed  by  city  council,  92. 
of  inspectors  of  plumbing  to  be  fixed  by  city  council,  282. 
of  mayor  to  be  fixed  by  city  council,  7. 
of  wardens,  clerks,  and  supervisors,  136. 
SALE  of  property  in  hands  of  police.  10. 

of  city  property  to  be  in  power  of  city  council,  13. 
or  offer  for  sale,  in  street,  may  be  regulated,  49,  50. 

exemptions  from  fees    and  from  licenses,  50. 

exemptions  from  regulation  by  board  of  aldermen,  09. 
of  junk  and  second-hand  articles,  license  for,  51. 
of  fireworks,  how  to  be  regulated,  59,  60. 
of  gunpowder  without  license,  prohibited,  61. 
of  unwholesome  provisions,  prohibition,  and  penalty  for.  229. 


INDEX.  375 

SASSAFRAS  POINT,  city  council  may  (ix  harbor  line  from  Dorrauce  Street  to,  219. 

retaining  wall  from  Hill's  Wharf  to,  loan  for,  224,  225. 
SCATTERING  VOTE  not  allowed  on  voting  machine,  170. 
SCHEDULE  of  city  property  to  be  published  annually,  13. 
SCHOOL  BLULDINGS,  school  committee  to  have  charge  and  custody  of.  77,  78. 

city  council  to  have  expenditure  of  appropriations  for,  78. 

city  may  condemn  lands  for,  79—81. 

$300,000  may  be  borrowed  annually  for  new,  82. 

stairway  partitions  in,  to  be  fire-proof,  108. 

protection  to  life  from  fire  in.  122-128. 
SCHOOL  COMMITTEE,  elegibility  of  members  of,  75. 

ex-ofiicio  members  of,  70. 

members  of,  to  be  elected  at  municipal  election,  77,  137. 
vacancy  in  office  of,  how  filled,  75,  77. 

to  organize  on  first  Tuesday  in  December,  77,  137. 

to  employ  superintendent  and  teachers,  77. 

to  have  charge  and  custody  of  school  buildings  and  property,  77,  78. 

to  manage  and  regulate  public  schools,  78. 

to  draw  orders  for  payment  of  expenses  of  school  department,  78. 

may  contract  for  education  of  children  at  normal  school,  78. 

to  diyide  school  year  into  two  terms.  79. 

teachers'  retirement  fund  may  be  established  by.  82. 

certain  members  of,  to  be  trustees  of  teachers'  retirement  fund,  83. 

how  far  affected  by  redivision  of  city  into  wards,  137. 
SCHOOL  PROPERTY,  school  committee  to  have  custody  of,  78. 
SCHOOL  ROOMS,  construction  of  roofs  and  floors  of,  101. 
SCHOOLS  may  be  established  by  city  council,  11. 

custody  and  management  of,  vested  in  school  committee,  77,  78. 

appropriation  for,  to  be  drawn  against  by  school  committee,  78. 

expense  under  contract  with  normal  school  to  be  paid  out  of,  78. 

children  of  school  age  required  to  attend,  79. 

protection  to  life  from  fire  in,  122—128. 
SCHOOLS,  SUPERINTENDENT  OF,  to  be  employed  by  school  committee,  77.  78. 

to  be  trustee  of  teachers'  retirement  fund,  83. 
SCHOOL  YEAR,  school  committee  to  provide  two  terms  in,  79. 
SCOW,  mooring  of,  at  Point  Street  Bridge,  penaltj'^  for,  41. 
SCUTTLES,  buildings  to  be  provided  with,  103. 
SEALING  of  ballots,  by  election  officers,  136. 

SEARCH  WARRANTS  to  be  issued  to  fire-ward  under  gunpowder  act,  G4. 
SECOND  DISTRICT  under  building  law,  defined,  90. 

regulation  of  wooden  buildings  in,   117,  118. 

brick  and  wooden  buildings  in,  have  incombustible  fire-stops.  118,  119. 
SECOND-HAND  ARTICLES,  license  for  dealing  in,  51. 
SECOND  WARD  and  districts,  boundaries  of,  139,  140. 
SECRETARY  of  board  of  canvassers  and  registration,  election  and  duties  of,   130. 

of  political  committees,  vacancy  how  filled,  149. 

of  political  convention  to  be  notified  of  vacancy  in  delegation,  150. 
SECRETARY  OF  COMMISSIONER  OF  PUBLIC  WORKS,  appointment.  20,  28. 


376  INDEX. 

SECRETARY  OF  STATE,  names  of  officers  and  members  of  political  committees  to 
be  filed  with,  148,  149. 

certificates  of  nominations  at  caucuses,  to  be  filed  in  office  of,  157. 
by  board  of  canvassers  and  registration,  recount,  159. 

to  be  notified  of  adoption  of  voting  machines,  164. 

to  designate  arrangement  of  ballot-caption  on  voting  machine,  167. 

to  notify  city  clerk  of  arrangement  of  ballot-captions,  167. 

to  furnish  supplies  for  equipment  of  voting  machines,  169. 

to  accept  and  deliver  assents  to  "an  act  providing  for  a  tax  on  street  railways," 
201. 
SECURITY  of  city  from  disorderly  persons,  powers  of  city  council  relative  to,  9. 
SEEKONK  RIVER  BRIDGE,  maintenance  of,  41. 
SEIZURE  by  fire-wards  of  gunpowder  unlawfully  kept  or  transported,  62,  63. 

of  gunpowder  by  fire-ward,  penalty  for  obstructing,  63. 

of  unwholesome  provisions,  229. 
SEMINARY,  protection  to  life  from  fire  in,  122-128. 
SENTENCES  of  police  court,  to  be  recorded,  16. 
appeal  from,  how  taken,  17. 
tax  costs  to  be  part  of,  17. 

to  house  of  correction,  to  prescribe  treatment,  .54. 
SEPTEMBER,  caucuses  to  be  held  after  second  Thursday  after  first  Monday  in,  154. 

first  caucus  lists  to  be  canvassed  on  Tuesday  after  first  Monday  in,  154. 
SERGEANT,  CITY,  mayor  may  command  aid  of,  8. 
SERVANTS,  employment  of,  by  commissioner  of  public  works,  28. 
SERVICE  of  process  from  municipal  court,  14. 
from  police  court,  17. 

of  notice  of  taking  of  land  for  school  purposes,  80. 

by  corporations  having  exclusive  rights  in  streets,  charge  for,  ISO,  196.  209. 

of  Union  Railroad  Co.  as  carrier  for  other  railroad  companies,  185. 

of  orders  to  improve  sanitary  conditions,  232. 
SESSIONS  of  municipal  court,  14. 

of  police  court,  15. 
SET  KETTLES,  regulation  of,  105. 
SETTLEMENT,  persons  having  no  legal,  may  be  ordered  to  depart  from  the  city, 

54,  55. 
SEVENTH  WARD  and  districts,  boundaries  of,  143,  144. 
SEWER  ASSESSMENTS  must  be  applied  to  sewer-bond  sinking  fund,  25. 

jMjwer  of  commissioner  of  public  works  to  make,  29. 

how  to  be  made,  29. 

refunding  and  reassessment  of,  29,  30. 

gives  right  to  connect  with  sewer,  when,  30. 

to  be  a  lien  upon  the  estate  upon  which  they  are  made.  30. 

how  payable,  30. 

discount  for  anticipated  payment  of,  31. 

interest  and  costs  on  delinquent  payment  of,  31. 

exemption  of  cemeteries  from,  32. 

paid  by  life  tenant  may  be  recovered  proportionally  from  remainderman,  32,33. 

includes  expense  of  sewer  connections,  33. 
SEWERS,  assessments  for,  must  be  applied  to  sewer-bond  sinking  fund,  25. 

receipts  for  connections  with,  must  be  applied  to  sewer-bond  sinking  fund,  25. 


INDEX.  :>(  I 

SEWEllS— Continued. 

construction  and  maintenance  of,  28. 

assessment  for,  gives  right  to  connect  with,  ."30. 

connections  with,  may  be  built  by  commissioner  of  public  works,  .33. 

city  council  may  prescribe  rules  relative  to  use  of,  34. 

compulsory  connection  of  drainage  with,  123."». 

tax  limitation  law  does  not  include  assessment  for,  2G.j. 
SHADE  TREES,  powers  of  city  council  relative  to,  9. 

regulation  of,  in  street,  259,  2G0. 
SHAVINGS,  construction  of  boiler  rooms  where  there  are,  lOG. 
SHEATHING,  protection  of  wood-work  from  heating  apparatus  by  means  of,  lOG. 

building  not  to  be  covered  with,   until   inspected,   119. 
SHEDS,  persons  lodging  in,  to  be  deemed  vagrants,  55. 

within  close  limits  in  outer  building  district,  90. 

attached  to  building  in  second  building  district,  117,  118. 
SHEEP  going  at  large,  authority  to  prevent,  57,  58. 
SHELL  FISH  sale  of,  in  street,  exempted  from  license  fee,  .50. 
SHELTERS  for  entrances  to  buildings  on  street,  121,  122. 
SHERIFF,  mayor  may  require  aid  of,  8. 

duty  of,  on  appeal  from  order  to  repair  unsafe- building,   IIG. 
SHINGLES,  piling  of,  within  certain  limits,  prohibited,  G8. 
SHIP,  limitation  and  regulation  of  keeping  of  gunpowder  in,  Gl. 

with  gunpowder  on  board,  not  to  lie  at  wharf,  G4. 

shipping  or  landing  gunpowder  to  or  from,  (il. 

shipping  of  gunpowder,  how  regulated,  G4. 
SHOALS,  retaining  wall  to  be  built  around  tide-flowed,  when  filled,  214. 
SHOPS,  powers  of  city  council  relative  to,  9. 

limitation  and  regulation  of  gunpowder  in,  Gl. 

construction  of  roofs  and  floors  of,  101. 
SHORTAGE  of  sewer  receipts  to  be  made  good  by  city  council,  25. 
SHOWMAN,  to  be  deemed  disorderly  person,  56. 
SHOWS,  powers  of  city  council  to  regulate  public,  9. 

exhibitors  of  idle,  to  be  deemed  disorderly  persons,  5G. 
SICKNESS  of  judge  of  municipal  court,  clerk  may  adjourn  in  case  of,  14. 

acting  judge  may  be  appointed  in  case  of,  15. 

ambulance  to  have  right  of  .way  in  case  of,  49. 
SIDEWALK  COMMISSIONERS,  duties  of,  43-45;  now  cxcrci.scil  hij  Commi.s.sioncr 

of  PuhUc  Works. 
SIDEWALKS,  powers  of  city  council  relative  to  making  of,  9. 

powers  of  city  council  relative  to  regulation  of,  9. 

city  council  may  regulate  electric  wires  over,  10. 

authority  for  requiring  building  and  repair  of,  4.3 — 15.  « 

construction  of  bay  or  oriel  window  over,  102. 

water  from  roof  of  buildings  on  streets  not  to  flow  on.  102. 

regulation  of  coal-holes  and  vaults  under,  111,  112. 

board  of  aldermen  may  order  filling  of  excavation  undci-,   112. 

application  for  permit  to  use  vault  under,  113. 

shelters  over,  for  entrances  to  buildings,  121,  122. 
SIDE  WALLS  to  be  anchored  at  each  tier  of  beams,  99. 
48 


378  INDEX. 

SIGNALS  to  be  given  by  vessels  passing  tlirougli  Point  Street  Bridge,  40. 
SIGNS  in  streets,  powers  of  city  council  relative  to,  9. 

to  be  displayed  by  dealers  in  gunpowder,  66. 
SINKING  FUND  COMMISSIONERS,  authority  to  establish  board  of,  20,  21. 

duties  of,  in  regard  to  perpetual  care  funds,  275. 
SINKING  FUNDS  for  sewer  bonds,  sewer  assessments  must  be  applied  to,  25. 

for  money  borrowed  for  schoolhouses  and  lots,  82. 

to  be  deducted  from  city  debt  under  municipal  indebtedness  act,  265. 

taxation  not  limited  for  purpose  of  appropriation  for,  265. 
SIXTH  WARD  and  districts,  boundaries  of,  142,  143. 
SLEEPING  ROOMS,  construction  for  ventilation  of,  110. 
SMOKE-PIPES  in  buildings,  regulation  of,  104. 

of  stove,  regulation  of,  104. 

protection  of  wood-work  from,  106. 
SMOKE-STOPS  to  be  provided  in  dwelling  houses  in  second  building  district.  118. 
SOCIETIES  exempt  from  taxation,  are  liable  under  sidewalk  act,  44. 

religious  or  moral,  sales  for,  in  street,  exempted  from  fee,  50. 
from  regulation  by  board  of  aldermen,  69. 
SOIL,  breadth  of  base  course  of  foundation  walls  to  be  in  proportion  to  load  and,  95. 
SOLICITOR,  CITY,  election  of,  as  officer  of  law  department,  13,  14. 

violation  of  building  law  to  be  reported  to,  91. 
SOLITARY  CONFINEMENT  at  house  of  correction  to  be  according  to  sentence,  54. 

without  labor,  not  to  exceed  ten  days,  54. 
SORTING  of  ballots  by  election  officers,  136. 
SOUTH  ANGELL  STREET,  Providence  Cable  Tramway  Co.  may  operate  cars  in, 

188. 
SOUTH  WATER  STREET,  loan  authorized  for  street  from  Prospect  Street  to,  263. 
SPECIAL  CAUCUSES,  what  voting  lists  to  be  used  at,  154. 

for  candidates  to  city  council,  canvass  meeting  for,  155. 
SPECIAL  CONSTABLES  to  serve  for  not  more  than  three  days,  appointment  of,  47. 

to  have  authority  of  constables,  but  cannot  serve  civil  process,  47. 
SPECIAL  ELECTION,  to  fill  vacancy  in  city  council,  canvass  meeting  for  caucus 
of,  155. 

caucuses  for,  holding  of.  159,  160. 
SPECIAL  TAX  on  gross  earnings  of  certain  corporations  to  be  paid  to  city  treas- 
urer, 179,  183,  187,  207,  208. 

Union  Railroad  Co.  not  relieved  from,  183,  189,  197,  198. 
SPECIFICATIONS  may  be  required,  on  permits  to  build,  93. 
SPECTACLES,  powers  of  city  council  relative  to,  9. 
SPEED  of  street  railway  cars,  city  council  may  regulate.  182,  188. 
SPIRE  of  church  in  second  building  district,  regulation  of,  117,  118. 
SPLAY,  beams  entering  brick  wall  to  be  cut  on  a,  101. 
SPREAD  of  fires,  destruction  of  buildings  to  prevent,  71,  72. 
SPRINKLING-PIPES  or  hose  required  in  certain  buildings,  107,  109. 
SQUARE  may  be  designated  as  close  limits  in  outer  building  districts,  90. 

loan  authorized  for  street  from  Prospect  Street  to  Market,  263. 
STABLES,  persons  lodging  in,  to  be  deemed  vagrants,  55. 

thickness  of  external  walls  of,  97. 

limitation  on  height  and  area  of,  97. 


INDEX.  379 

STABLBS—Vontinued. 

construction  of  roofs  and  floors  of,  101. 

not  to  be  erected  or  altered  except  in  place  approved  of  by  board  of  aldermen, 
113. 

injunction  of  unlawful  construction  of,  113. 
STAGE  of  theatre  to  be  supplied  with  fire-extinguishing  apparatus,  109. 
STAGE-WALL  in  theatre  to  be  fire-proof,  109. 
STAGING  for  building  purposes,  not  to  be  placed  in  street  without  permission,  94. 

to  be  sufiicient  for  purpose  for  which  erected,  94. 

reported  unsafe,  proceedings  in  case  of,  114,  115. 
STAIR  LANDINGS,  construction  of,  108. 

STAIRS  leading  to  roofs,  buildings  to  be  provided  with  stationary,  103. 
STAIRWAYS,  alterations  of  buildings  not  affecting,  92. 

in  certain  buildings,  to  have  fire-proof  partitions,  107,  108. 

pitch,  width,  and  number  of,  108,  109. 

substitution  of  inclines  for,  108. 

in  theatres,  construction  of,  109. 

in  tenement  houses  to  have  balusters,  110. 

may  be  required  in  certain  buildings.  117. 

on  buildings  in  second  district,  regulation  of,  117,  118. 

duty  of  certain  owners  to  provide,  122,  123. 

damages  for  injury  resulting  from  absence  of,  125. 
STAND-PIPES  required  in  certain  buildings,  107,  109. 
STATE  COMMITTEE,  to  be  elected  by  each  political  party,  148. 

to  file  list  of  officers  and  members  with  secretary  of  state,  148. 

city  committee  to  be  subject  to  rules  and  regulations  of,  149. 
STATE  LICENSES,  city  licenses  may  be  in  addition  to,  50. 

persons  selling  under,  not  subject  to  regulation  by  board  of  aldermen,  69. 
STATEMENT  that  land  is  taken  for  school  purposes  to  be  filed,  SD. 
copy  of,  to  be  served  on  owner  of  land  taken,  80. 
to  be  published  in  newspapers,  80. 
STATE  OF  RHODE  ISLAND,  engagement  to  support  constitution  and  laws  of,  3. 

buildings  of,  exempt  from  building  law,  88. 

act  providing  revenue  for,  by  tax  on  street  railways,  197. 
STATE  REFORM  SCHOOL,  police  court  may  commit  to,  16. 
STATE  RETURNING  BOARD,  voting  machines  to  be  examined  and  approved  by, 

162,  163. 
STATE  TAX  due  June  fifteenth,  may  be  borrowed,  21. 
STATIONERY,  for  caucus  purposes,  delivery  of,  155. 
STATIONS  for  transfer  of  passengers,  authorized,  193-196. 
STATUTE,  city  not  to  incur  indebtedness  without  authority  of  special,  265. 
STEAM  BOILERS,  board  of  aldermen  may  regulate  operation  of,  85-87. 

penalty  for  unlawful  operation  of,  85-87. 

protection  of  wood-work  from,  106. 

construction  of  flues  for.  103. 

wood-work,  unless  protected,  not  to  be  placed  within  one  foot  of.  105,  106. 

construction  of  rooms  for  drying  lumber  by  direct  heat  from,  107. 

under  sidewalk,  board  of  aldermen  may  permit  use  of,  112. 
STEAM  PIPES,  protection  of  wood-work  from,  106. 


380  INDEX. 

STEPS  in  streets,  powers  of  city  council  relative  to,  9. 

power  of  commissioner  of  public  works  to  remove.  43. 
STERLING,  city  council  may  provide  for  payment  of  city  debt  in,  22. 
STIRRUP  IRONS,  trimmers  and  headers  to  be  hung  in,  when.  100. 
STOCK,  capital,  may  be  increased  by  street  railway  companies  for  what  purpose,  200, 

202. 
STOCKINGS,  .sale  of  knit,  in  street,  exempted  from  license  fee,  50. 
STOLEN  PROPERTY  in  hands  of  police,  ordinances  may  be  made  relative  to,  10. 
STONE,  construction  of  foundation  walls  of,  95. 

foundation  walls  for  wooden  buildings,  thickness  of,  95. 

construction  of  external  walls  faced  with,  98. 

cornice,  to  be  balanced  firmly  on  wall,  98. 

certain  walls  to  be  supported  by  iron,  brick  or,  99. 
STONE  BINDERS  to  be  built  into  brick  piers,  100. 
STONE  BUILDINGS,  roofs  of,  to  be  covered  with  incombustible  material,  102. 

requirement  for  fire-proof  cornices  and  gutters  on,  102. 
STONE-LIME,  regulations  for  storage  of,  67. 
STONE  WALLS,  except  foundation  walls,  how  to  be  built,  91. 

thickness  of,  95-97. 

headers  in,  97. 

not  to  rest  on  wooden  supports,  99. 

footing  course  of  pier  or  column  supporting,  100. 
STOPS,  buildings  in  second  district  to  have  incombustible,  118,  119. 
STORAGE  of  cotton  waste,  how  regulated,  59. 

and  sale  of  fireworks,  how  to  be  regulated,  59,  60. 

of  gunpowder,  how  regulated,  61--66. 

of  lime,  67. 
STOREHOUSES,  dimensions  of,  within  close  limits  in  outer  building  district,  90. 

strength  of  floors  of,  101. 

fire-proof  stairway  partitions  required  in  certain,  107,  lOS. 
STORES,  construction  of  roofs  and  floors  of,  101. 

port  wardens  to  examine  in.  goods  damaged  on  board  vessels,  227. 
STOVES,  regulation  of  use  of,  105. 

in  tenement  houses,  place  for  to  be  provided,  110. 
STOWAGE  of  vessels,  duty  of  port  wardens  to  examine,  226,  227. 
STRAIGHTENING  of  highways  under  Betterment  Act,  245-258. 
STRAPS,  beams  supported  by  girders,  to  be  strapped  by  iron,  99. 
STRAW,  heater  not  to  be  used  in  room  containing,  105. 
STREET  CARS  to  be  run  through  central  transfer  station,  194. 

rate  of  fare  on,  under  system  of  free  transfers,  196. 
STREET  LINE  to  be  defined  on  notice  of  intention  to  build,  120. 
STREET  RAILWAYS,  city  council  may  grant  exclusive  right  to  operate.  178-180. 

city  council  may  require  Union  Railroad  Co.  to  open  new  lines  of,  185. 

operation  of,  may  be  regulated  by  city  council,  180,  182,  188,  189. 

act  providing  for  tax  on.  197-202. 

revocation  of  rights  of,  in  streets,  199,  200.  208. 

may  increase  capital  stock  for  certain  purposes.  200,  202. 

under  lease,  lessee  to  pay  tax  on,  201. 

acceptance  of  "an  act  providing  for  a  tax  on  street  railways"  by,  201. 


INDEX.  381 

STREETS,  power  of  city  council  to  regulate,  it. 

city  council  may  regulate  electric  wires  in,  10. 

construction  and  maintenance  of  sewers  in,  28. 

rule  for  assessments  for  sewers  abutting  on,  29. 

connections  with  sewers  may  be  built  inside  curbed  line  of.  33. 

power  of  city  to  cari\v  water  works  over  or  under,  35. 

to  lay  water  pipes  or  build  aqueducts  in,  35. 
authority  for  requiring  the  building  and  alteration  of  sidewalks  in,  43--45. 
power  of  sidewalk  commissioners  to  remove  obstructions  in,  43. 
ambulance  in,  not  to  be  obstructed,  penalty,  49. 
persons  begging  or  receiving  alms  in,  to  be  deemed  vagrants,  55. 
keepers  of  gaming  implements  in,  to  be  deemed  disorderly  persons,  56. 
gamesters  or  performers  in,  to  be  deemed  disorderly  persons.  50. 
feeding  or  grazing  in,  to  be  deemed  "going  at  large,"  58. 
neat  cattle  or  swine  in,  without  permission,  prohibited,  58 ;  penalty,  59. 
limitation  and  regulation  of  gunpowder  in,  61. 
guaixls  to  be  set  up  around  excavations  adjoining,  93. 

staging  for  building  purposes,  not  to  be  erected  in.  without  permission.  94. 
rubbish  and  materials  in,  during  building  operations,  94. 
construction  of  bay  or  oriel  windows  over,  102. 
building  on,  to  have  water  conductors  from  roof,  102. 
not  over  twenty  feet  in  width,  height  of  tenement  houses  on.  111. 
regulations  for  moving  buildings  in.  113,  114. 
permit  for  erection  of  building  within  ten  feet  of,  120. 
jjenalty  for  placing  building  upon,  121. 
shelters  for  entrances  to  buildings  on,  121,  122. 
franchise  in,  historical  note  relative  to,  173-177. 
franchises  in,  power  of  city  council  to  grant,  178-180. 
charge  for  use  of.  by  corporations,  how  limited,  180. 
Union  Railroad  Co.  may  be  required  to  remove  from  and  accept  other.  182.  189. 

not  relieved  from  franchise  obligations  in,  183,  189,  199. 
motive  power  in.  except  animals,  to  be  approved  by  city  council,  186. 
grant  to  corporations  of  exclusive  franchises  in,  178-211. 
city  and  railroad  companies  authorized  to  make  contracts  for  use  of,  188,  191, 

192. 
transfer  stations  to  be  provided  in  authorized,  193-196. 

to  relieve,  how  far,  street  railways  from  paving,  195. 
revocation  by  city  council  of  rights  of  street  railway  in,  199,  200. 
Xarragansett  Electric  Lighting  Co.  to  have  exclusive  rights  in.  204. 
authority  of  city  to  establish  electric  plant  for  lighting.  206. 
building  of,  in  public  waters  above  Weybosset  bridge,  215,  216. 
city  council  may  regulate  use  of  public,  217. 
to  harbor  line  between  Fox  Point  and  India  Point,  powers  of  city  council  over, 

220. 
port  wardens  to  examine  in.  goods  damaged  on  board  vessels,  227. 
compulsory  connection  of  drainage  with  sewer  on  sewered,  235. 
certain  private  gangways  declared  to  be  highways,  238,  239. 
establishment  of,  on  petition  or  by  consent.  240,  241. 

after  twenty  years  use  as  such.  241. 


382  INDEX. 

STREETS— Continued. 

repeal  of  act  of  January  session,  1829,  relating  to.  241. 

not  to  be  established  without  request  of  citj-  council,  242,  243. 

to  be  laid  out  by  board  of  aldermen  upon  request  of  city  council,  243,  244,  252. 

when  received,  defined  grade  to  be  established  grade  of,  243. 

alteration  of,  under  Betterment  Act,  245--258. 

city  to  become  seized  of  lands  taken  under  Betterment  Act  for,  249. 

board  of  aldermen  to  declare  layout  under  Betterment  Act  to  be  a  public,  252. 

notwithstanding  defects  in  condemnation  proceedings,  256. 

rights  of  owner  of  abutting  land  on  abandonment  of,  258,  259. 

regulation  of  trees  in,  259,  260. 

action  for  damages  for  injuries  to  trees  in,  260. 

city  council  authorized  to  turf  portions  of,  260,  261. 

to  prescribe  penalties  for  driving  on  turfed  portions  of,  261. 

watering  of,  261,  262. 

city  authorized  to  hire  .$150,000  for  purposes  of,  264. 

tax  limitation  law  does  not  include  assessments  for,  265. 
STREET  VENDERS,  may  be  regulated  by  board  of  aldermen,  68.  69. 
STRETCHERS,  use  of,  in  construction  of  walls  faced  with  thin  ashlar,  98. 
STRETCHING  COURSES,  use  of,  in  construction  of  walls  faced  with  thin  ashlar,  98. 
STUDS  to  be  fire-proof,  when,  103,  117. 
STURDY  BEGGARS  to  be  deemed  vagrants,  55. 

SUBORDINATE  ENGINEERS,  to  be  appointed  by  commissioner  of  public  works,  27. 
SUBPOENA,  board  of  canvassers  and  registration  may  issue  writs  of,  133. 
SUBSTANCES,  ordinance  may  forbid  turning  into  sewer  any  injurious,  34. 

sale  of,  in  streets,  may  be  regulated  by  ordinance,  49,  50. 
SUBURBAN  RAILWAY  CO.  may  increase  capital  stock  for  certain  purposes,  202. 
SUITS,  city  charter  not  to  affect  pre-existing,  19. 

for  use  of  city  water  without  consent,  37. 

for  recovery  of  damages  to  water  works,  37. 
of  damages  for  injury  to  trees,  260. 

against  city  for  damages  for  land  taken  under  Betterment  Act,  250. 
of  expenses  of  cleansing  unsanitary  premises,  230,  231. 
SUMMONS  for  witnesses,  police  court  may  issue  writs  for,  16. 
SUNRISE,  light  to  be  placed  on  building  material  in  street  from  sunset  to,  94. 
SUNSET,  light  to  be  kept  on  building  material  in  street  between  sunrise  and,  94. 

coal  hole  not  to  be  left  open  or  unfastened  after,  112. 
SUPERINTENDENCE  of  city  property  to  be  in  power  of  city  council,  13. 
SUPERINTENDENT  OF  HEALTH,  to  be  elected  by  city  council,  233. 

duties  and  powers  relative  to  sanitary  conditions,  230,  231. 

Deputy  may  be  appointed  in  absence  of,  233. 
SUPERINTENDENT   OF  NORTH  BURIAL  GROUND,   may   be  required  to  give 

bond,  275. 
SUPERINTENDENT  OF  POINT  STREET  BRIDGE,  to  be  appointed  by  board  of 
aldermen,  40. 

duties  of,  in  management  of  bridge  and  drawbridge,  40,  41. 

penalty  for  obstructing,  in  the  performance  of  duty,  41. 
SUPERINTENDENT  OF  PUBLIC  BUILDINGS,  election  in  .January,  6. 

to  examine  building  reported  unsafe,  when.  115. 


INDEX.  383 

SUPERINTENDENT  OF  SCHOOLS,  to  be  employed  by  school  committee,  77,  78. 

to  be  trustee  of  teachers'  retirement  fund,  83. 
SUPERVISORS  OF  ELECTIONS,  compensation  of,  vacancy  among,  how  filled,  136, 
137. 

to  make  returns  to  board  of  canvassers  instead  of  city  clerk,  132. 

to  be  appointed  by  board  of  canvassers  and  registration,  136. 

powers,  liabilities  and  duties  of,   136. 

duties  of,  if  voting  machines  are  used  in  elections,  169--171. 

number  of,  when  voting  machines  are  used,  171. 
SUPPORT  of  city  prisoners  in  Providence  county  jail,  54. 

of  family,  drunkards  neglecting  to  be  deemed  vagrants,  55. 

abandoner  of  family  without,  to  be  deemed  disorderly  person,  55,  56. 
SUPREME  COURT,  common  pleas  division,  appeal  £i'om  police  court  to,  17. 
appeal  from  taking  of  land  for  school  purposes  to,  81. 

justice  of,  may  enjoin  unlawful  construction  of  stable,  113. 

appeal  to,  from  order  to  repair  unsafe  building,  116. 

may  enjoin  work  on  building  reported  unsafe,  116. 

may  enjoin  violation  of  building  act,  119. 

appeal  to,  from  unreasonable  regulation  of  exclusive  right  in  streets,  180. 

appeal  to,  from  decision  of  railroad  commissioner,  200. 

application  to,  for  commissioners  under  Betterment  Act,  245. 

appointment  by,  of  commissioners  under  Betterment  Act,  246. 

report  tor  of  commissioners  under  Betterment  Act,  247,  257. 

action  of,  upon  report  of  commissioners  of  estimate  and  assessment,  248,  249, 
257. 

notice  of  appeal  under  Betterment  Act  to  be  filed  in,  254,  257. 

city  clerk  to  give  notice  of  filing  of  report  in,  254. 

appeal  to,  from  decree  abandoning  highway,  259. 

application  for  appointment  of  arbitrators  to  fix  price  of  street  light*,  209.  210. 
SURETIES  on  bond  of  deputy  city  treasurer  to  be  approved,  G. 

on  bonds  of  city  ofiicers,  12,  13. 

police  court  may  take  bail  with.  16. 

required  on  bond  of  constable  with  power  to  serve  civil  process,  70. 
SURETY  FOR  COSTS,  chief  of  police  need  not  give,  47. 

deputy  chief  of  police,  in  absence  of  chief,  need  not  give.  47. 
SURPLUS  of  sewer  receipts  to  be  added  to  receipts  of  succeeding  year,  25. 

of  Narragansett  Electric  Lighting  Co.,  how  applied,  210. 

of  loss  or  damage  to  be  reported  under  Betterment  Act,  247. 

of  income  of  perpetual  care  funds,  how  applied,  274. 
SURRENDER  of  estate  taken  under  Betterment  Act,  255. 
SURVEY  of  party  wall  or  building  reported  unsafe,  114,  115. 

by  port  wardens  of  goods  damaged  on  board  vessels,  227,  228. 

of  layout  of  highway  under  Betterment  Act,  246. 
to  be  paid  for  by  city,  251. 
SURVEYORS  OF  HIGHWAYS,  commissioner  of  public  works  to  have  powers  of,  31. 
SWILL,  board  of  aldermen  may  make  rules  for  collection  and  removal  of,  232. 
SWINE,  going  at  large,  authority  to  prevent,  57,  58. 
authority  to  declare  forfeit,  58. 
between  certain  hours  prohibited,  58;  penalty,  59. 


384  INDEX. 

TABLES,  keeper  of  gaming,  to  be  deemed  disorderly  person,  56. 
TALLY-SHEET,  definition  of,  in  voting  macliine  law,  166. 

of  voting  machine,  form  of,  168. 

by  whom  furnished  and  how  used,  169. 

to  be  removed  from  voting  machine  at  close  of  election,  171. 
TAR  and  gravel  for  cellar  bottom  of  dwelling  house  or  hotel  on  made  land,  95. 
TAVERNS,  powers  of  city  council  to  regulate,  9. 
TAX,  to  be  collected  by  city  treasurer,  in  what  manner,  5. 

may  be  assessed,  appropriated  and  collected  by  city  council,  11. 

how  to  be  assessed,  apportioned  and  collected,  13. 

due  the  state  June  fifteenth,  may  be  borrowed,  21. 

sewer  assessments  to  be  collected  as,  30. 

to  reimburse  owner  of  building  destroyed  to  arrest  fire,  may  be  levied,  72. 

special,  on  gross  earnings  of  certain  corporations  to  be  paid  to  city  treasurer, 
179,  183,  187,  207;  208. 
Union  Railroad  Co.  not  relieved  from,  183,  189,  197,  198. 
Narragansett  Electric  Lighting  Co.  not  relieved  from,  20(j. 

on  street  railways,  act  providing  for,  197. 

on  additional  capital  of  street  railway  to  be  paid  to  general  treasurer,  202. 

assessment  under  Betterment  Act  to  be  added  to,  250,  251. 

assessment  for  watering  streets  to  be  collected  as.  262. 

for  general  expenses  of  city,  limited  to  one  per  cent.,  265. 
TAX  ASSESSMENT,  copy  of  to  be  delivered  to  city  treasurer,  5. 
TAXATION  of  costs  in  municipal  court,  14. 
in  police  court,  li. 

societies  are  liable  under  Sidewalk  Act,  although  exempt  from,  44,  45. 
TAX  COLLECTOR,  city  treasurer  to  perform  duties  of,  5. 
TAXES,  ASSESSORS  OF,  election  and  duties,  5. 

to  constitute  the  board  of  assessors  of  taxes,  5. 

to  deliver  copy  of  tax  assessment  to  city  treasurer,  5. 

sidewalk  tax  to  be  certified  to,  45. 

to  add  assessments  under  Betterment  Act  to  tax  on  land  assessed,  250,  251. 
TAXPAYERS  to  vote  upon  question  of  introducing  ijublic  water.  35. 

not  necessarily  disqualified  as  commissioner  under  Betterment  Act,  246. 
TEACHERS  to  be  employed  by  school  committee,  77. 

retirement  fund  for,  authorized,  82-84. 

to  elect  three  trustees  of  teachers'  retirement  fund,  83. 
TEACHERS'  RETIREMENT  FUND,  school  committee  authorized  to  establish,  82, 
83. 

of  what  to  consist  and  how  administered,  83. 

who  may  be  beneficiaries  of,  84. 
TELEGRAPH  WIRES,  city  council  may  make  ordinances  relative  to,  10. 
TELEPHONES,  city  council  may  grant  exclusive  right  to  operate,  178-180. 
TEMPLATE,  ends  of  girders  to  rest  on  wall  plate  or,  101. 
TENANT  of  tenement  is  liable  for  water  rents,  37. 

notice  to  build  or  repair  sidewalk  to  be  given,  when,  43. 

liability  for  damages  arising  from  coal  hole  or  sidewalk  vault.  112. 

right  of  action  for  injury  to  tree  on  or  in  front  of  land  of,  260. 
TENANT  FOR  LIFE    paying  sewer  assessment  may  recover  proportionally  from  re- 
mainderman, 32,  33. 


INDEX,  385 

TENANT  FOR  'LIFE— Continued. 

apportionment  to,  of  damages  assessed  in  entire  sum,  38,  39. 
TENANT  FOR  YEARS,  apportionment  to,  of  damages  assessed  in  entire  sum,  38,  39. 
TENEMENT  HOUSES,  definition  of,  90. 

ball  partitions  to  be  fire-proof  in  certain,  98. 
construction  of  roofs  and  floors  of,  101. 
roofs  of,  to  be  covered  with  incombustible  material,  102. 
not  over  twenty-five  feet  high,  thickness  of  external  walls  of  brick,  107. 
regulations  for  fire-proof  stairway  partitions  in,  107,  108. 
to  conform  to  requirements  for  dwelling  houses,  110,  111. 
special  requirements  in  construction  of.  110,  111. 
fire-escapes  may  be  required  on,  110,  117. 
TENEMENTS,  owner  and  occupant  of,  are  liable  for  water  rents,  37. 
regulation  for  sanitary  condition  of,  230,  231. 
may  be  taken  in  layout  of  highway  under  Betterment  Act,  24.5. 
taken  under  Betterment  Act.  city  to  become  seized  of,  249. 
TEN-MILE  RIVER,  city  water  supply  may  be  obtained  from,  35. 
TExNTH  WARD  and  districts,  boundary  of,  146,  147.  i 

terrace,  railroad,  case  of,  194. 
TENURE  OF  OFFICE,  of  aldermen  and  common  councilmen,  18,  137. 
of  assistant  inspectors  of  buildings,  92. 

of  plumbing,  282. 
of  board  of  canvassers  and  registration,  129. 
of  caucus  officers,  152. 
of  city  officers,  12. 

of  commissioner  of  public  works,  27. 
of  deputy  city  registrar,  234. 
of  deputy  superintendent  of  health,  2.33. 
of  engineers  in  public  works  department,  27. 
of  general  city  ofiicers,  IS. 
of  inspector  of  buildings,  91. 
of  political  committees,  149,  161. 
of  port  wardens,  226. 
of  public  administrator,  283. 
of  school  committee,  77,  137. 

of  special  constables,  not  to  exceed  three  days,  47. 
of  superintendent  of  health,  233. 
of  superintendent  of  Point  street  bridge,  40. 
TERMS  of  municipal  court,  when  held,  14. 

school  year  to  be  divided  into  two,  79. 
TERRACE,  RAILROAD,  lease  of,  174. 
THEATRES,  powers  of  city  council  relative  to,  9. 
construction  of  roofs  and  floors  of,  101. 
stairway  partitions  in  to  be  fire-proof.  108. 
pitch,  width  and  number  of  stairways  from,  108,  109. 
width  of  doors  leading  from,  109. 

to  be  furnished  with  fire-extinguishing  apparatus,  107.  109. 
THICKNESS  of  walls,  94. 

of  foundation  walls  for  wooden  buildings,  95. 
49 


386  INDEX. 

THICK'NESS— Continued. 

of  walls  of  dwelliug  houses  and  other  buildings,  95--97. 

of  hollow  walls  used  as  bearing  walls,  97,  98. 

of  external  walls  faced  with  stone,  98. 

of  walls  faced  with  thin  ashlar,  98. 

of  backing  behind  iron  piers  or  facings,  98.  99. 

of  cap-irons  and  cap-stones  of  piers  and  columns,  100. 

of  templates  and  wall  plates,  101. 

of  external  brick -walls  of  certain  buildings.  107. 
THIRD  WARD  and  districts,  boundary  of,  140,  141. 

TICKETS,  contracts  with  railroad  companies  may  provide  for  transfer,  192. 
TIDE-WATER,  storage  of  lime  prohibited  below  highest,  07. 

regulation  for  filling  flats  covered  with,  214. 
TIE  IRONS,  beams  supported  by  girders  to  be  strapped  by,  99. 
TIES  of  metal  may  be  used  instead  of  brick  headers,  98. 
TIE  VOTE  at  caucus,  proceedings  in  case  of,  156,  157. 
TILES,  protection  of  wood-work  from  heating  apparatus  by  means  of,  100. 
TIMBERS,  piling  of,  within  certain  limits,  prohibited,  67,  08. 

to  be  used  for  foundation  only  when  constantly  immersed  in  water,  95. 

not  to  be  used  in  walls  except  for  interior  arch  forms,  99. 

certain  walls  of  brick  or  stone  not  to  be  supported  on,  99. 

roof  or  floor,  entering  party  wall  from  opposite  sides,  101. 
TIME  of  ward  meetings,  city  clerk  to  give  notice  of,  17. 

of  holding  town  meetings  to  be  appointed  by  city  council,  19. 

for  holding  caucus,  to  be  notified  by  city  committee,  151. 
TIN,  wood  may  be  used  for  coping  of  party  walls  if  covered  with,  99. 
TIPLERS  to  be  deemed  disorderly  persons,  56. 
TISSUE  PAPER  for  caucus  ballots,  prohibited,  153. 
TITLE  of  political  party  not  to  be  combined  with  other  words  on  caucus  ballot,  151. 

of  land  taken  for  school  purposes,  80. 

of  locations  furnished  by  city  for  transfer  stations,  195. 
TOMB,  deposit  of  corpse  in,  forbidden,  except  by  undertaker,  276. 
TOPPING  of  chimneys,  how  regulated,  103.  104. 
TOW-CLOTH,  sale  of,  in  street,  exempted  from  liecense  fee.  50. 
TOWN  CLERK,  city  clerk  to  perform  duties  of,  how  far,  4. 
TOWN  MEETINGS    for  management  of  Dexter  donation,  when  to  be  held,  19. 

quorum  at,  to  consist  of  not  less  than  forty  freemen.  19. 

records  of,  to  be  kept  by  city  clerk,  cx-offic'io,  19. 
TRACKS,  in  streets,  use  of  may  be  regulated  by  city  council,  180. 

notice  to  Union  Railroad  Co.  to  remove,  182,  189. 

in  central  transfer  station,  railway  company  to  have  right  to  lay  additional,  195. 

of  street  railway  company,  removal  of  on  order  of  revocation.  199. 

in  streets,  grant  of  exclusive  right  to  use,  178. 

city  council  may  regulate  use  of,  over  public  lands  and  waters.  217 
TRACTS,  religious,  may  be  sold  in  streets  without  license,  50. 

without  regulation  by  board  of  aldermen.  69. 
TRADE  in  market  places,  power  of  city  council  to  regulate,  9. 
TRAFFIC  of  freight  cars  in  streets,  historical  note  of,  174. 
TRAINING  GROUND,  appropriations  authorized  for  band  concerts  on,  24. 
TRAMWAY  COMPANY,  historical  note  relative  to  franchises  of.  173. 

acts  governing  operation  of,   by  Union  Railroad  Co.,  187-193. 


INDEX. 


387 


TRANSFER  of  real  and  personal  estate,  5. 

of  certificates  of  registered  city  bonds,  20. 
TRANSFERS,  historical  note  of,  174,  17.5. 

may  be  provided  for  in  contracts  with  railroad  companies,  1!)2. 

by  central  and  minor  stations,  authorized,  19.3—196. 
TRANSOM  WINDOW    to  be  provided  in  certain  sleeping  rooms,  110. 
TRANSPORTATION  of  gunpowder,  regulation  of,  61-G6. 
TRAP  DOORS,  hoistways  and  elevators  to  be  guarded  by,  when,  107. 
TREASURER  of  teachers'  retirement  fund,  83. 

of  political  committee,  vacancy  in  office  of,  how  filled,  149. 
TREASURER,  CITY,  to  collect  taxes  in  what  manner,  5. 

assessors  of  taxes  to  deliver  certified  copy  of  tax  assessment  to.  o. 

to  exercise  all  powers  of  collector  of  taxes,  5. 

may  appoint  deputies,  0. 

to  be  responsible  for  deputies,  6. 

salary  of,  to  be  fixed  by  city  council,  G. 

moneys  received  by  city  officers  to  be  paid  to,  11. 

fees  collected  in  municipal  court  to  be  paid  to,  14, 

to  be  elected  on  Tuesday  next  after  first  Monday  in  November,  18. 

to  hold  office  from  first  Monday  in  January,  18. 

new  election  in  case  of  refusal  to  accept  office  of,  18. 
death  before  qualification  in  office  of,  18. 

duty  of,  relative  to  registration  of  city  bonds,  20. 

authority  of,  to  accept  or  reject  bids  for  city  bonds,  22. 

to  hold  and  apply  receipts  from  sewer  assessments,  2.5. 

to  pay  certain  officers  of  public  works  department  monthly,  28. 

sewer  assessments 'to  be    a  lien  from  date  certified  to,  .30. 

duty  of.  as  to  collection  of  sewer  assessments,  .31. 

one-half  of  forfeitures  under  Gunpowder  Act  to  be  paid  to.  GO. 

bonds  of  constables  to  be  delivered  to,  70. 

cost  of  removal  of  combustible  material  from  buildings  to  be  paid  to,  74. 

to  be  trustee  and  treasurer  of  teachers'  retirement  fund,  8.3. 

to  add  deductions  from  pay-roll  to  teachei's'  retirement  fund,  83. 

board  of  canvassers  and  registration  to  pay  fees  to,  134,  1.37. 

returns  to,  of  gross  earnings  of  corporations.  179,  183,  187,  207. 

special  tax  on  gross  earnings  of  corporations  to  be  paid  to,  179,  183,  187,  208. 

to  pay  expense  of  removal  of  unsanitary  conditions  when,  230,  231. 

superintendent  of  North  Burial  Ground  to  deposit  moneys  with.  275. 

bills  for  maintenance  of  North  Burial  Ground  to  be  paid  by,  275. 

duties  of,  regarding  balances  in  hand  of  public  administrator,  28.5. 
on  disability  of  public  administrator,  285. 

duty  of.  relative  to  assessments  for  watering  streets,  201,  262. 
TREASURY.  CITY,  moneys  not  to  be  paid  from  unless  granted  or  appropriated,  12. 

fines  for  violation  of  building  law  to  be  paid  into,  120. 

money  not  to  be  drawn  from,  until  vouchers  are  filed,  13. 
TREES,  power  of  city  council  relative  to,  9. 

not  to  be  cut  except  by  consent  of  commissioner  of  public  works.  113. 

regulation  of,  in  streets,  2.59,  260. 

in  street  or  park,  right  of  action  for  injury  to,  by  animals,  260. 


388  INDEX. 

TRIAL  BY  JURY  may  be  had  on  appeal  for  taking  of  land  for  school  purposes,  81. 

on  appeal  from  order  to  repair  unsafe  building,  116. 

on  objection  to  report  of  commissioners  under  Betterment  Act,  248,  257. 

demand  for,  under  Betterment  Act,  and  proceedings  thereon,  251,  254. 
TRICKS,  person  going  about  exhibiting,  to  be  deemed  disorderly  person,  56. 
TRIMMER-ARCH,  wooden  centering  supporting,  to  be  moved  before  plastering,  104. 
TRIMMERS  to  be  hung  on  stirrup  irons,  100. 
TROLLEY  SYSTEM,  substitution  of  other  method  of  propulsion  for  the,  182,  189. 

not  to  be  used  without  permission  of  city  council,  180. 
TRUCKS,  power  of  city  council  to  license  and  regulate,  9. 

TRUSTEES,  of  sinking  funds,  board  of  commissioners  to  succeed  to  powers  and  lia- 
bilities of,  21. 

of  damages  apportioned  to  owner  of  land  taken,  39. 

of  normal  school,  school  committee  may  contract  with,  78. 

of  teachers'  retirement  fund,  83. 
TURF  may  be  laid  in  certain  portions  of  streets,  260,  261. 
TURNPIKES,  power  of  city  to  carry  water  works  over  or  under,  35. 

power  of  city  to  lay  water  pipes  or  build  aqueducts  in,  35. 
TYPE,  ballot-captions  to  be  printed  in  clear,  168. 

UNCLAIMED  PROPERTY  in  hands  of  police,  disposition  of,  10. 
UNDERTAKERS  to  be  appointed  and  removed  by  board  of  aldermen,  276. 

burial  or  removal  of  corpse  forbidden  except  by,  276. 
UNEXPENDED  BALANCES,  city  council  may  use  for  general  purposes,  certain,  23. 
UNION  RAILROAD  COMPANY,  historical  note  relative  to  franchise  of,  173-175. 

act  of  May  3,  1892,  conferring  exclusive  street  rights  upon,  181-186. 

authorized  to  issue  $3,000,000  of  20-year  mortgage  bonds,  181. 

may  be  required  to  substitute  one  street  for  another,  182. 

act  governing  operation  of  Cable  Tramway  Co.  by,  187—190. 

authorized  to  make  contracts  with  the  city,  191-193. 

transfer  stations  to  be  established  by,  when,  193-196. 

to  be  relieved  from  paving,  how  far,  for  five  years  after  establishment  of  trans- 
fer stations,  195. 

may  increase  capital  stock  for  certain  purposes,  200,  202. 
UNITED  STATES,  engagement  to  support  constitution  of,  3. 

buildings  of,  exempt  from  operation  of  building  law,  88. 
UNWHOLESOME  PROVISIONS,  forfeiture  and  seizure  of,  229. 
USB  of  theatres,  power  of  city  council  i-elative  to,  9. 

of  sewers,  may  be  regulated  by  city  council,  34. 

of  water,  within  and  without  the  city,  35,  37. 
USER,  establishment  of  highway  on  laud  by,  241. 

VACANCY  in  office  of  general  city  officers,  new  election  in  case  of,  18. 
in  ofiice  of  alderman    or    councilman,  7. 

in  office  filled  by  city  council,  to  be  supplied  for  current  municipal  year.  12. 
excepting  member  of  city  council,  may  be  filled  by  city  council,  12. 
in  office  of  assistant  inspectors  of  buildings,  92. 

of  assistant  inspector  of  plumbing,  how  filled.  282. 
of  caucus  warden  or  clerk,  152. 


INDEX.  889 

Y  Ai)Al^CY— Continued. 

in  office  of  constable  with  power  to  serve  civil  process,  liow  filled,  70. 
of  inspector  of  plumbing,  how  filled,  281. 
of  political  committees,  how  filled,  149. 
of  public  administrator,  285. 
of  superintendent  of  health,  how  filled,  233. 
of  wardens,  clerks,  and  supervisors,  how  filled,  130,   137. 

in  board  of  appeal  under  fire-escape  law,  how  filled,  12G. 

in  board  of  canvassers,  how  filled.  129. 

in  city  council,  canvass  meeting  for  caucus  to  fill,  155. 

in  delegation  to  political  convention,  how  filled,  15G. 

in  case  of  tie  vote  for  ward  committee,  or  for  caucus  officers,  how  filled,  156. 

in  school  committee,  is  created  by  removal  from  ward,  75. 
how  to  be  filled,  75,  77. 
VAGRANTS,  what  persons  to  be  deemed,  55. 

may  be  committed  to  prison,  5G. 
VALIDITY  of  ballots,  board  of  canvassers  to  determine  all  questions  of.  132. 
VALUE  of  estate  surrendered  under  Betterment  Act,  how  determined,  255. 

of  ratable  property,  limitation  of  taxation  of,  265. 
VAULTS  under  sidewalks,  regulation  of.  111,  112. 

under  sidewalks,  application  for  permit  for,   113. 
VEGETABLE  MATTER,  dangerous  to  health,  removal  of,  230,  231. 
VEGETABLES,  seizure  and  forfeiture  of  unwholesome,  229. 

sale  of  in  street,  may  be  regulated,  49,  50. 

from  carts  or  baskets,  exempted  from  license,  when,  50. 
exempted  from  regulation  by  board  of  aldermen,  69. 
VEHICLES,  power  of  city  council  to  license  and  regulate,  9. 

passing  over  drawbridges,  power  of  city  council  to  regulate,  10. 

sales  from,  in  street,  may  be  regulated.  49,  50. 

obstructing  right  of  way  of  ambulances ;  penalty,  49. 

limitation  and  regulation  of  gunpowder  in,  61. 

regulation  for  carrying  gunpowder  in,  05. 

sale  of  meats  and  fish  from,  exempted  from  license  fee,  50. 

sale  of  meats  from,  exempted  from  regulation  by  board  of  aldermen,  69. 
VENDERS  may  be  regulated  by  board  of  aldermen,  68,  69. 
VENTILATION  of  air  space  between  basement  floor  and  cellar  bottom,  95. 

of  hallways  in  tenement  houses,  construction  for,.  110. 

of  tenement  and  lodging  houses,  110. 

board  of  health  may  regulate,  110. 
VENTILATORS  on  building  in  second  district,  regulation  of.  118. 

to  be  of  incombustible  material,  119. 
VERDICT  on  appeal  from  the  taking  of  land  for  school  purposes,  81. 

on  appeal  from  order  to  repair  unsafe  building,  116. 

report  of  commissioners  under  Betterment  Act  to  be  conformed  to,  248,  249. 
VESSELS,  power  of  city  council  to  regulate  anchoring  and  mooring  of,  9. 

passing  through  drawbridges,  city  council  may  regulate,  10. 

passing  through  Point  street  bridge,  regulations  for,  40,  41. 

mooring  of.  at  Point  street  bridge,  penalty  for,  41. 

draw  in  Washington  bridge  to  be  opened  for  passage  of,  42. 

limitation  and  regulation  of  gunpowder  in,  61. 


890  INDEX. 

YESSEJ^S— Continued. 

with  gunpowder  on  board,  not  to  lie  at  wharf,  64. 

not  to  lie  north  of  India  Point  channel,  G4 
shipping  or  landing  gunpowder  to  or  from,  64. 
fees  of  harbor  master  to  be  paid  by  owner  or  captain  of,  218. 
duty  of  port  wardens  to  examine  goods  on  board  of,  226-228. 
regulations  for  removal  and  cleansing  of,  231. 
VETO  by  the  mayor,  procedure  in  case  of,  8. 
VIOLATIONS  of  building  law,  inspector  to  keep  record  of,  91. 
VOTE,  mayor,  in  convention  or  board,  to  have  only  a  casting,  3. 

in  concurrence,  to  be  presented  to  mayor ;  his  veto  power,  8. 

city  council  may  remove  officers  by,  12. 

legislative  powers  of  city  council  to  be  exercised  by,  12. 

justices  of  police  court  to  be  elected  by,  15. 

keeper  and  officers  of  house  of  correction,  may  be  removea  by,  53. 
at  caucus,  how  challenged,  156. 

caucus  election  or  nomination  to  be  by  plurality,  156,  157. 
at  caucus,  proceedings  in  case  of  a  tie,  156,  157. 

return  of,  to  board  of  canvassers  and  registration,  157. 

recount  of,  158,  159. 
scattering,  not  allowed  on  voting  machine,  170. 
VOTERS  t&  hold  municipal  election  in  November,  17,  IS,  137. 
for  aldermen  and  councilmen,  qualifications  of,  18. 
election  by,  of  members  of  school  committee,  77,  137. 
registration  and  canvassing  of,  by  board  of  canvassers,  129,  130. 
of  the  city,  counting  of  ballots  cast  for  questions  submitted  to,  131,  132. 
maximum  and  minimum  number  of,  in  voting  districts,  135,  136. 
to  elect  ward  committee,  149. 

right  of,  to  participate  in  caucus  and  to  sign  nomination  paper,  1.50,  154.  156. 
to  elect  caucus  warden  and  caucus  clerks,  152. 
may  call  caucus  to  order  and  preside,  when,  1.53. 
at  caucus,  procedure  when  challenged,  156. 

entitled  to  certified  copies  of  caucus  check-list  on  payment  of  fee,  158. 
penalties  on,  for  illegal  voting,  160. 

minimum  number  of  voting  machines  to  be  used  in  elections  by,  164. 
use  of  voting  machines  in  elections  by,  169—172. 
question  of  municipal  lighting  plant  to  be  submitted  to,  206,  207. 
VOTING  DISTRICTS,  polling  places  in,   to  be  designated  by  board  of  canvassers 

135,  136. 
wardens,  clerks,  and  supervisors  in,  13^^  137. 
boundary  lines  of,  established  by  commission,  138-147. 
election  of  caucus  officers  for,  152. 

appointment  of  caucus  officers  in  case  of  re-division  of,  152. 
ballot  for  candidate  for  caucus  clerk  to  bear  number  of  his,  154. 
maximum  and  minimum  number  of  voters  in,  135,  136. 
municipal  elections  in,  when  to  be  held,  17,  18,  137. 
preparation  of  voting  lists  for,  129. 
appointment  of  commission  to  divide  city  into,  135. 
I'eport  of  commission  dividing  city  into,  138. 


INDEX.  891 

VOTING  LISTS,  canvassing  of.  by  board  of  canvassers,  129,  130. 

certified  copies  of,  to  be  furnished  by  board  of  canvassers,  134,  137. 
used  at  first  caucuses,  to  be  tliose  canvassed  when.  154. 
for  city  council  caucuses,  to  be  canvassed  when,  154. 
for  special  caucuses,  how  prepared,  154,  155. 
used  at  caucuses,  to  be  duly  certified,  155. 

to  be  checked  in  special  color  for  each  party,  155. 
to  be  delivered  by  whose  order,  and  by  whom,  155. 
to  be  returned  in  person  by  caucus  clerk  of  first  district,  157. 
to  be  reproduced  for  use  at  succeeding  caucuses,  157. 
VOTING  MACHINES,  act  relative  to  use  of,  162--172. 
time  allowed  each  elector  at,  170. 
scattering  vote  not  allowed  on,  170. 
VOUCHERS  to  be  on  file,  before  any  appropriations  drawn  against,  13. 

WAGON,  limitation  and  regulation  of  gunpowder  in,  61. 

regulation  for  carrying  gunpowder  in,  65. 
WALK  of  plank   around  fence  enclosing  uuilding  operation  near  street,  93.  94. 

power  of  city  council  to  regulate,  9. 
WALL-PLATE,  ends  of  girders  to  rest  on  template  or,  101. 
WALLS  in  street,  power  of  sidewalk  commissioners  to  alter,  43. 

in  close  limits  in  outer  building  districts,  90. 

alterations  of  buildings  not  affecting  party,  92. 

protection  of,  from  adjoining  excavation,  93. 

of  brick  or  stone,  how  to  be  built,  94. 

thickness  of,  94. 

height  of  external  or  party,  how  to  be  measured,  94. 

foundation  piling  under  external  and  party,  95. 

foundation,  to  rest  on  proper  base  or  footing  course,  95. 
of  stone,  construction  of,  95. 

of  dwelling  houses,  thickness  of,  95,  96. 

of  buildings  other  than  dwelling  houses,  thickness  of,  96,  97. 

headers  in  stone,  97. 

corbelling  to  be  well  bonded  into,  97. 

faced  with  stone  to  have  brick  backing,  98. 
thickness  of,  98. 

stone  facing  of,  to  be  securely  tied  to  backing,  98. 

stone  cornices  to  be  balanced  firmly  on,  98. 

every  ninth  course  to  be  a  heading  course  in  brick,  98. 

faced  with  thin  ashlar,  construction  of,  98. 

construction  of  iron  supports  under  external,  98.  99. 

prohibition  of  wooden  support  to  certain,  99. 

anchoring  of  side  end  and  party,  99. 

timber  not  to  be  used  in,  except  for  interior  arch  forms,  99. 

construction  of  coping  of  party,  99. 

columns  supported  by  brick,  to  rest  on  iron  plate  or  cap-stone,  100. 

of  masonry,  footing  course  of  piers  or  columns  supporting,  100. 

beams  entering  brick,  to  be  cut  on  a  splay,  101. 

roof  or  floor  timbers  entering  from  opposite  sides    of  same  party,  101. 


392  INDEX. 

'W  AIjLiS— Continued. 

ends  of  girders  to  rest  on  template  or  wall  plate  built  into,  101. 

cornices  of,  original  or  replaced  to  be  incombustible,  102. 

construction  of  brick  flues  not  starting  from  foundation,  103. 

in  theatres,  between  stage  and  auditorium,  to  be  fire-proof,  109. 

thickness  of  external,  for  certain  brick  buildings,  107. 

water  not  to  be  suffered  to  drip  from  roof  to  cause  dampness  in,  110. 

examination  and  rebuilding  of  unsafe  party,  114,  115. 

notice  of  unsafe  character  of  building  may  be  posted  on,  117. 

regulation  of  party,  in  second  building  district,  118. 

for  protection  of  harbor  in  case  of  filling  tide-flowed  flats,  214. 

in  harbor  from  Hill's  Wharf  to  Sassafras  Point,  loan  for,  224,  225. 
WANDERERS  to  be  deemed  vagrants,  55. 

WARD  CLERK,  board  of  canvassers  to  perform  what  duties  of,  129. 
WARD  COMMITTEES,  election  of,  149. 

vacancy  in,  to  be  filled  by  remaining  members,  149. 

in  existence  March  29,  1901,  continued  in  ofiice,  149. 

of  Providence  and  Newport  to  hold  ofiice  from  first  day  of  .January,  149. 

vacancy  in  office  of  caucus  warden  or  clerk  to  be  filled  by,  152. 

member  of,  or  candidate  for,  ineligible  to  be  caucus  officer,  1.52. 

to  appoint  caucus  officers  in  case  of  absence  or  disability,  1.53. 

to  be  elected  by  ballot,  153. 

vacancy  in,  how  filled  in  case  of  tie  vote,  15G. 

adjournment  of  caucus  on  failure  to  elect,  157. 
WARDENS,  elected  by  the  people,  office  of,  abolished,  130. 

to  make  return  to  board  of  canvassers  instead  of  city  clerk,  132. 

appointment  of,  by  board  of  canvassers  and  registration,  136. 

powers,  liabilities,  and  duties  of,  136. 

compensation  of ;  vacancy  among,  how  filled,   136,  137. 

caucus  wardens  to  have  powers  of,  152. 

duties  of,  if  voting  machines  are  used  in  elections,  166,  169,  170,  171. 
to  exhibit  interior  of  ballot  box  before  voting  begins,  153. 
WARDENS,  PORT,  election,  powers,  and  compensation  of,  226-228. 
WARD  MEETINGS,  city  clerk  to  give  notice  of,  17. 
WARD  ROOMS,  caucuses  to  be  held  in,  152. 
WARDS,  division  of  city  into  by  city  council,  obsolete,  17,  note. 

for  which  elected,  aldermen  and  councilmen  to  be  residents  of,  18. 

residence  in,  required  for  school  committee,  75. 

removal  from,  vacates  office  in  school  committee,  75. 

annual  elections  in,  of  members  of  school  committee,  77,  137. 

preparation  of  voting  lists  for,  129. 

canvass  meetings  to  be  held  in,  1.30. 

appointment  of  commission  to  divide  city  into,  135. 

report  of  commission  dividing  city  into,  138. 

annual  election  in,  of  aldermen  and  councilmen,  17,  IS,  137. 

boundary  lines  of,  established  by  commission,  138-147. 

election  of  political  committees  in,  149. 

caucus  warden  to  be  qualified  elector  of,  152. 

vacancy  in  office  of  caucus  warden  or  clerk  by  removal  from,  152. 

appointment  of  caucus  officers  in  case  of  redivision  of,  1.52. 


INDEX. 


393 


WAREHOUSES,  strength  of  riooi-s  of,  lUl.  , 

fire-proof  stairway  partitions  required  in  certain,  107,  108. 

limitation  and  regulation  of  gunpowder  in.  Gl. 

port  wardens  to  examine  in.  goods  damaged  on  board  vessel,  227. 
WARES,  sale  of,  in  street,  may  be  regulated  by  ordinance,  49,  50. 
WAKXING  of  town  meeting  to  be  appointed  by  city  council,  19. 
WARPING  LINES  not  to  interfere  with  other  vessels  or  Point  street  bridge,  41. 
WARRANT,  proceedings  in  police  court  to  be  commenced  by  complaint  and,  16. 

fines  and  penalties  to  be  recovered  in  police  court  on,  IG. 

police  court  may  take  recognizance  on  continuance  of  complaint  and,  IG. 

justices  of  police  court  may  vary  form  of,  IG,  17. 

from  police  court  may  be  served  by  constables  and  other  ofiicers,  17. 

arrest  of  disorderly  persons  in  buildings  by  chief  of  police  without,  48. 

for  new  election,  by  whom  to  be  issued,  7,  18,  132. 

search,  to  be  issued  to  fire-ward  under  gunpowder  act,  G4.     , 

for  jury  on  appeal  from  order  to  repair  unsafe  building,  IKi. 

arrest  without,  for  violation  of  caucus  act,  IGl. 

prosecutions  for  unwholesome  provisions  to  be  by,  230. 
for  unsanitary  conditions  to  be  by,  230. 

for  removal  of  obstructions  on  layout  of  highway,  244. 
WASHINGTON  BRIDGE,  maintenance  of  by  Providence  and  East  Providence, 41,42. 
WASTE,  penalty  for  unlawful  storage  of  cotton,  59. 

of  combustible  nature  in  buildings,  73,  74. 
WATCH  to  be  kept  at  night  about  building  under  removal  in  street,  114. 
WATCH  HOUSES,  lodgers  in,  to  be  deemed  vagrants,  55. 
WATCHMEN,  appointment  and  removal  of  city,  46. 
WATER  distribution,  use,  and  price  of,  within  and  without  the  city,  35,  37. 

taken  for  city  water  works,  damages  for,  how  recovered,  36. 

city  to  have  exclusive  right  to  supply  of,  .37. 

timber  to  be  used  for  foundation  only  when  constantly  immersed  in,  95. 

from  bay  or  oriel  windows  over  sidewalk,  conductors  for,  102. 

from  roof  of  building  on  street,  leaders  for  conducting,  102. 

city  council  may  grant  exclusive  right  to  distribute,  178-180. 
WATER  ACT,  city  council  may  confer  upon  board  of  public  works  its  powers  under. 

28,  29. 
WATER  BONDS,  authority  for  issues  of,  267. 

WATER  COMMISSIONERS,  superseded  by  board  of  public  works,  31. 
WATERING  of  streets,  provisions  for,  261,  262. 

WATERMAN  STREET,  Providence  Cable  Tramway  Co.  may  operate  cars  in,  188. 
WATER  PIPES  in  streets,  power  of  city  to  lay,  35. 

penalty  for  injury  to,  37. 
WATER  RATES,  owner  and  occupant  liable  for  payment  of,  37. 
WATER  RIGHTS,  power  of  city  to  acquire.  .35. 

taken  for  city  water  works,  damages  for.  how  recovered,  36. 
WATERS  of  the  harbor,  boundaries  and  protection  of,  212,  213. 
WATER  SUPPLY  to  city,  provisions  for,  34-37. 

penalty  for  injury  to,  37. 
WATER  WORKS,  damages,  how  recovered,  for  lands  and  water  rights  taken  for,  3(). 

penalty  for  injury  to,  37. 

apportionment  of  damages  for  lands  taken  for  construction  of,  38. 
50 


394  INDEX. 

WAY  of  ambulance,  penalty  for ,  obstructing,  49. 
WEDGES,  iron  columns  maj'  be  set  up  by  thin  iron,  100. 

WEYBOSSET  BRIDGE,  central  transfer  station  authorized  at  or  near,  193. 
prevention  of  obstructions  in  public  waters  above,  212. 
prohibition  of  structures  in  public  waters  above,  215. 
building  of  wharves,  streets,  or  bridges  in  public  waters  above,  215,  1'16. 
authority  for  depot  on  lands  covered  by  public  waters  above,  216. 
WHARVES,  power  of  city  council  to  regulate,  9. 

limitation  and  regulation  of  gunpowder  on,  61. 
vessel  with  gunpowder  on  board  not  to  lie  at,  64. 
regulation  for  lauding  gunpowder  at,  64. 

regulation  of  wooden  buildings  built  on,  in  second  district,  118. 
prohibition  of,  without  permission  above  Weybosset  Bridge,  215,  216. 
penalty  for  neglect  to  repair,  213. 
city  council  may  regulate  use  of  public,  217. 
from  Fox  Point  to  India  Point  powers  of  city  council  over,  220. 
harbor-improvement  loan  may  be  used  for  building  of,  225. 
structure  at  end  of  Dorrance  Street,  may  remain  until  rebuilt,  225. 
port  wardens  to  examine  on,  goods  damaged  on  board  vessel,  227. 
WHEEL  OF  FORTUNE,  keeper  of,  to  be  deemed  disorderly  person,  56. 
WHITEWASH,  cleansing  of  unsanitary  premises  by  means  of,  230. 
WHOLESALE  DEALERS  not  to  sell  gunpowder  without  license,  61. 
in  gunpowder  to  state  business  in  application  for  license,  65. 
regulation  of  business  of,  65,  66. 
WIDOW  may  administer  estate  instead  of  public  administrator.  284. 
WIDTH  of  doors  leading  from  places  of  assembly,  109. 
WIFE,  abandoner  of,  to  be  deemed  disorderly  person,  55,  56. 
WILL,  trust  for  care  of  lot  in  North  Burial  Ground  may  be  created  by,  273. 
WINDOWS,  powers  of  city  council  to  regulate,  in  streets,  9. 
construction  of,  over  streets,  of  bay  or  oriel,  102. 
transom,  to  be  provided  in  certain  sleeping-rooms,  110. 
WIRE-DANCING,  performers  or  exhibiters  of,  to  be  deemed  disorderly  persons,  56. 
WIRES,  city  council  may  make  ordinances  relative  to  electric,  10. 

historical  notes  relative  to  the  placing  of  electrical,  underground,   175-177. 
in  streets,  exclusive  right  to  use,  may  be  granted.  178.  188,  204. 
use  of,  may  be  regulated  by  city  council,  180,  182,  190. 
notice  to  electrical  companies  to  remove,  182,  189,  205. 
WITNESSES,  police  court  may  issue  writs  of  summons  for,  16. 
board  of  canvassers  and  registration  may  summon,  133, 
may  compel  attendance  of,  133. 
WOOD,  piling  of,  within  certain  limits,  prohibited,  67,  68. 

not  to  be  used  to  support  certain  walls  of  brick  or  stone,  99. 
if  covered  with  metal  may  be  used  for  coping  of  party  wall,  99. 
WOODEN  BUILDINGS  within  close  limits  in  outer  building  districts,  90. 
thickness  of  foundation  walls  of,  95. 

in  first  district,  to  have  roofs  covered  with  incombustible  material,  102. 
in  first  building  district,  alteration  and  repair  of,  117. 
in  second  building  district,  regulation  of,  117,  118. 
in  second  district,  to  have  incombustible  fire-stops,  118,  119. 


INDEX.  395 

WOODEN  CENTERING  suypoi-tiug  trimmer  arch  to  be  removed  before  plastering, 

104. 
WOODEN  CORNICE  ou  brick,  stone,  or  iron  buildings  to  be  replaced,  wlien,  102. 
WOODEN  GUTTERS  on  brick,  stone,  or  iron  buildings  to  be  replaced,  when,  102. 
WOOD-WORK  not  to  come  within  four  inches  of  space  in  hollow  wall,  98. 

incombustible  cornices  to  be  secured  to  walls  independent  of,  102. 

not  to  be  secured  to  brick-work  of  flue,  104. 

protection  of,  from  smoke-pipes,  104. 

from  heating  apparatus,  105,  lOG. 
WOONASQUATUCKET  RIVER,  city  water  supply  may  be  obtained  from,  35. 
WORDS,  combination  of  name  of  political  party  with  other,  prohibited,  151. 
WORDS  AND  PHRASES  u.sed  in  building  law,  definition  of,  90,  91. 

used  in  caucus  law.  definition  of,  148. 

used  in  voting  machine  law,  definition  of,  1G6.  167. 
WORK-SHOP  for  light  work,  thickne,ss  of  external  walls  of,  97. 

limitation  on  height  and  area  of,  97. 

fire-escapes  may  be  required  on,  117. 

protection  to  life  from  fire  in  certain,  122-12S. 
WRITING,  authority  to  be  present  at  count  of  ballots  to  be  in,  131,  132. 
WRITS  from  municipal  court,  form,  service,  and  return  of,  14. 
when  clei'k  is  a  party,  to  be  signed  by  judge,  15. 

of  summons  for  witnesses  may  be  issued  by  police  court,  16. 

of  habeas  corpus  ad  testificandum,  police  court  may  issue,  16. 

justices  of  police  court  may  vary  form  of,  16,  17. 

from  police  court  may  be  served  by  constables  and  other  ofiicers,  17. 

for  witnesses,  board  of  canvassers  and  registration  may  issue,  133. 

YARD,  keeper  of  gaming  implements  in.  to  be  deemed  disorderly  person,  .56. 
limitation  and  regulation  of  gunpowder  in,  61. 
of  tenement-house,  dampness  in,  to  be  prevented,  110. 
YEAR,  term  of  junk  license  not  to  exceed  one,  51. 

school  committee  to  provide  two  terms  in  school,  79. 

allowed   non-resident   or  minor  for   payment  of  assessment   under   Betterment 

Act,  251. 
municipal,  limitations  of  increase  or  diminution  of  salary  during,  12. 
unless  otherwise  provided,  offices  to  be  held  during,  12. 
unless  otherwise  provided,  vacancies  to  be  supplied  for,  12. 
YEAS  AND  NAYS  to  be  entered  on  journal  of  either  board,  6. 


LIST     OF 


Acts  of  the  General  Assembly 


RELATING    TO     THE 


CITY  OF    PROVIDENCE, 


FROM 


179  7  to  1901. 


Act  of. 

Chap- 
ter. 

Subject  Matter  akd  Disposition. 

1797, 

May 

4. 

Low  Grounds.  Repealed  by  Chap.  872  of  March 
12,  1901. 

1802, 

June. 

Gunpowder.     Repealed  by  Sec.  19,  page  66. 

1817, 

Oct. 

31. 

Low  Grounds.  Repealed  by  Chap.  872  of  March 
12,  1901. 

1817, 

Oct. 

31. 

Buildings.     Repealed  by  Act  of  November,  1843. 

1805, 

Feb. 

26. 

Storage  of  Lime.     See  page  67. 

1815, 

June 

23. 

Disturbance  of  Public  Worship.  Repealed  by 
Chap.  872  of  March  12,  1901. 

1815, 

Nov. 

3. 

Limits  and  preservation  of  the  Harbor.  See  page 
212. 

1821, 

Oct. 

30. 

Gunpowder.      See  page  60. 

398 


LIST    OF    SPECIAL    STATUTES. 


Act  or. 


1821, 

Nov. 

3. 

1822, 

Jan. 

22. 

1823, 

Oct. 

29. 

1826, 

Nov. 

1. 

1829, 

Jan. 

1830, 

June 

25. 

1831, 

Nov. 

2. 

1831, 

Nov. 

4. 

1833, 

June 

29. 

1833, 

Nov. 

2. 

1834, 

Oct. 

1837, 

Jan. 

21. 

1840, 

Jan. 

1841, 

Jan. 

18. 

1841, 

Oct. 

27. 

1842 

Jan. 

1843 

Jan. 

12. 

1843 

Feb. 

4." 

1843 

Oct. 

1843 

,  Nov. 

1844 

,  Jan. 

Chap- 
ter. 


Subject  Matter,  axd  Disposition. 


Sidewalks.      See  page  43. 

Certain  Private  Ways.     See  page  238. 

Sidewalks.     See  page  44. 

Repealed  by  Sec.  3,  page  72. 

Highways.      See  Sec.  5,  page  241. 

Harbor  Master.     Repealed  by  Sec.  2,  page  218. 

Piling  of  Lumber.     See  page  67. 

Original   Charter.       Superseded   by   Chap.    598    of 
March  8,  1866. 

Inspector  of  Beef  and  Pork.     See  page  234. 

House  of  Correction.      See  page  52. 

Repealed  by  Sec.  3,  page  72. 

Harbor  Flats.      See  page  214. 

House  of  Correction.      Superseded  by  Act  of  Jan. 
1844. 

Sidewalks.      See  page  45. 

Wharves  and  Streets  in  the  Cove.      See  page  215. 

Repealed  by  Sec.  3,  page  72. 

Layout  of  Highways.     See  page  240. 

Ferries.      See  page  211. 

House  of  Correction.     See  Sec.  15,  page  57. 

Steam  Boilers.     See  page  85. 

Supersedes    Act    of    January,    1840,    and  restores 
Sec.  7,  page  53. 


LIST    OF    SPECIAL    STATUTES. 


399 


1845,  Jan.  16. 

1845,  Jan.  16. 

1845,  May  9. 

1845,  June  25. 

1846,  Jan.  16. 

1847,  June  25. 

1848,  Jan.  11. 
1848,  Jan.  18. 
1848,  May  4. 
1851,  Feb.  7. 
1851,  Oct. 

1853,  Jan.  17. 

1853,  June. 

1854,  Feb.  22. 

1854.  Feb.  24. 

1855,  March  3. 

1855,  May. 

1855,  June  1. 

1855,  June  15. 

1855,  June  15. 


Chap- 
ter. 


Subject  Matter,  axd  Disposition. 


Animals  at  large.      See  page  57. 

"Watchmen  and  Special  Constables.     See  page  47. 

Grants  to  Railroads  in  Cove.     See  page  216. 

Hiiildings.     Superseded  by  Chap.  688  of  1878. 

F>\iildings.     Superseded  by  Sec.  32,  page   113. 

Cotton  Waste.     See  page  59. 

Re-lay  of  High  Street.     Obsolete. 

Ferries.     See  page  211. 

Grants  to  Railroads.     See  page  217. 

Police  Constables.     Repealed  by  Act  of  June  1, 1855. 

Harbor  Line.      Repealed  by  Chap.   758,    of  April 
10,  1879. 

Sale  of  Junk.      Repealed    by  Chap.   871,   of  Mar. 
8,  1901. 

Repealed  by  Sec.  3,  page  72. 

Highway  Betterment  Act,     See  page  245. 

Removal  of  Buildings  into  adjoining  Towns. 

Harbor     Line     from     Dorrance    Street    Wharf    to 
Sassafras  Point.     See  page  219. 

Port  Wardens.      See  page  226. 

Police    Constables.      Repealed    by     Chap.    823,    of 
May  27,  1880. 

City  Debt  Bonded.      See  page  271. 

Sanitary   Condition    of     Dwellings.       Repealed   \>y 
Chap.  872,  of  March  12,  1901. 


400 


LIST    OF    SPECIAL    STATUTES. 


Act  of. 

Chap- 
ter. 

Subject  Mattek,  and  Disposition. 

1856, 

March 

4. 

Harbor  Line  on  P^ast  Side.  Repealed  Ijy  Chap. 
758  of  April  10,  1879. 

1857, 

Feb. 

12. 

Intention  to  Build.  Obsolete.  See  Cliap.  1406, 
page  120. 

1858, 

Feb. 

11. 

261 

Abandonment  of  certain  Highways.      See  page  239. 

1858, 

Feb. 

19. 

263 

Railroad  Grants  to  be  submitted  to  the  People.  Re- 
pealed by  Chap.  975  of  April  11,  1872. 

1858, 

March 

5. 

281 

Unwholesome  Provisions.      See  page  229. 

1859, 

March 

3. 

School  Committee.     Obsolete.     See  pages  76,  77. 

1859, 

March  11. 

Drawbridge  at  India  Point.  Superseded  by  Chap, 
759,  of  1868. 

1859, 

March  11. 

Harbor  Master.     See  page  218. 

1861, 

March 

5. 

362 

North  Providence  Boundary  Line. 

1861, 

March 

8. 

367 

North  Burial  Ground.     See  page  273. 

1862, 

Jan. 

28. 

406 

Highways  on  request  of  City  Council.  See  page 
242. 

186-2, 

Sept. 

6. 

441 

War  Bonds.     See  page  271. 

1863, 

Feb. 

6. 

466 

North  Burial  Ground.  Superseded  by  Sec.  1,  page 
275. 

1863, 

March 

14. 

458 

Animals  "  going  at  large."     See  page  58. 

1865, 

Jan. 

31. 

557 

Harbor  Line  from  Fox  Point  to  India  Poiut,  See 
page  219. 

1865, 

March  15. 

562 

House  of  Correction.  Repealed  by  General  Stat- 
utes, of  1872. 

1865, 

Marcli 

16. 

572 

North  Burial  Ground.     See  Sec.  4,  page  274. 

1865, 

March  1 7. 

580 

Health.  Repealed  by  Chap.  495  of  1885.  See 
16th  R.  I.  Reports,  page  196. 

LIST    OF    SPECIAL    STATUTES. 


401 


1866,  Feb.  6 
1866,  Feb.  6 
1866,  March  8 
1866,  March  8 
1866,  March    9 

1866,  Alarch  13 

1867,  Feb.  o. 
1867,  Feb.  14. 
1867,  March  16. 
1867,  May   30. 


Chap- 
ter. 

618 
636 
598 
640 
610 
599 
654 
649 
693 
699 


Si'BJECT  Matter,  and  Disposition. 


1868,  March  12. 


1868,  March  12. 


1868,  March    5.   !     719 


735 


739 


1868,  March  25.   ;     755 


1868, 

June   10. 

770 

1868, 

June   10. 

772 

1869, 

March  9. 

783 

1869, 

March  12. 

784 

1869, 

March  24. 
51 

791 

North  Providence  Boundary  Line. 

Surety  for  costs  not  required.     See  page  47. 

City  Charter.     See  page  1. 

Water  Supply.     See  pages  34,  267. 

Superseded  by  Chap.  770  of  1868. 

Mayor  has  a  casting  vote.      See  page  3. 

Presidents  of  Fire  Department.      See  page  71. 

School  Committee.     See  page  75. 

Chief  of  Police.      See  page  48. 

Election  of  City  Council.  Repealed  by  General 
Statutes,  of  1872. 

Powers  of  City  Council,  see  page  2.  Section  3, 
repealed  by  Chap.  371  of  1896. 

Collection  of  Taxes,  obsolete  by  Chap.  922  of 
March  24,  1871.  Deputy  City  Treasurer,  see 
page  6. 

Registration  of  Bonds.     See  pages  20,  271. 

House  of  Correction.  Repealed  by  Chap.  686  of 
April  12,  1878. 

Annexation   of  a   portion  of  Cranston. 

Point  Street  Bridge.     See  pages  39,  271. 

Annexation  of  a  portion  of  Cranston. 

Water  Commissioners,  obsolete.  Water  Bonds, 
see  page  267. 

Witnesses  before  Committees.  Superseded  by  Gen- 
eral Laws,  Chap.  244,  Sec.  6. 


402 


LIST    OF    SPECIAL    STATUTES. 


Chap- 
ter. 


SuB.TECT  Matter,  and  Disposition. 


1869,  March  24. 
1869,  May      27. 

1869,  May      28. 

1870,  March  30 

1870,  March  31. 

1870,  June      16. 

1871,  Jan.      24. 
1871,  Feb.      24. 


1871,  March  23.        942 


1871,  March  24. 
1871,  March  24. 
1871,  March  24. 

1871,  March  24. 

1872,  Jan.  25. 
1872,  Jan.  26. 
1872.  Jan.  31. 
1«72,  April  11. 
1872,  April  11. 
1872,  April  16. 
1872,  April  19. 
1872,  April  22. 


807 
821 

820 
872 

870 
880 
897 
900 


921 
922 
931 
941 
967 
965 
966 
975. 

989 
984 
985 


Drains  and  Sewers.     Obsolete. 

Buildings.     Repealed    by    Chap.    514   of  June  25, 

1875. 

Central  or  Red  Bridge.     See  Note,  page  42. 

Highways.      Repealed  by  Chap.  619  of  March  30, 

1877. 

Harbor  Line  on  West  Side  of  Seekonk  River. 

Point  Street  Bridge.      See  page  40. 

Land  for  Water  Works.     See  pages  38,  267. 

Crawford  Street  Bridge. 

Superintendent  of  Public   Buildings.      See  page   6. 
Rest  of  Act  is  Repealed. 

Highway  Betterment  Act.      See  page  253. 

Collection  of  Taxes.      See  page  5. 

Drains  and  Sewers.     Obsolete. 

Immediate  Suit  on  Water  Bonds.      See  page  267. 

Water  Bonds  payable  in  Gold.      See  page  267. 

Special  Commissions  for  Public  Works.     Obsolete, 

Highway  Officers.    Obsolete.   See  Sec.  10,  page  31. 

Repeals  Chap.  263  of  Feb.  19,  1858. 

Bonds  of  Springfield  R.  R.  Co.      See  page  271. 

Repealed  by  Chap.  382  of  April  3,  1874. 

Fence  Viewers.     Repealed  by  Chap.  872   of  1901. 

Board  of  Public  Works.      Obsolete. 


LIST    OF    SPECIAL    STATUTES. 


403 


Act  of. 

Chap- 
ter. 

Srn.iECT  Matter,  ^.;n  Disposition. 

1872. 

April 

23. 

Bonds  of  Springfield  R.  R.  Co.     Obsolete. 

1H72, 

April 

25. 

978 

Officers  receiving  Money  or  Fees.     See  page  1!. 

1872, 

April 

26. 

988 

Animals  going  at  large.     See  page  58. 

1872, 

April 

26. 

991 

Higliway  Betterment  Act.     See  page  253. 

1872, 

April 

26. 

992 

Harbor  Line  between  Sassafras  Point  and  Field's 
Point. 

1872, 

April 

26. 

993 

lioard  of  Aldermen  may  build  sewers  through  Pri- 
vate Land.     Obsolete. 

1872, 

May 

31. 

1002 

Deputy  Superintendent  of  Health.  See  page 
233/ 

1872, 

May 

31. 

1003 

Water  Supply.     Obsolete. 

1873, 

Feb. 

14. 

308 

Land  may  be  taken  for  School  Purposes.  Repealed 
by  Sec.  5,  page  81. 

1873, 

Feb. 

21. 

309 

Member  of  School  Committee  must  reside  in  Ward. 
See  Sec.  1,  page  75. 

1873, 

March 

14. 

310 

Commissioners  of  Sinking  Funds.   See  pp.  20,  271. 

1873, 

March 

14. 

311 

Date  of  Organization  of  City  Government.  Obso- 
lete except  as  to  provisions  incorporated  in  City 
Charter.  See  Clause  1 ,  page  3  ;  Clauses  1  and 
5,  page  4. 

1873, 

March 

27. 

31-2 

Fireworks.      Repealed  by  Sec.  6,  page  60. 

1873, 

March  28. 

313 

Board  of  Public  Works.  Superseded  by  Chap. 
815  of  1880. 

1873, 

March  28. 

314 

Brook  Street  District.     Obsolete. 

1873, 

March 

28. 

315 

Land  devised  by  Betsey  Williams  annexed  to  City 
of  Providence. 

1873, 

March  28. 

316 

Annexation  of  a  portion  of  North  Providence. 

404 


LIST    OF    SPECIAL    STATUTES. 


Act  of. 


Chap- 

TEK. 


1873.  March  28. 

1873,  May  30. 

1873,  May  30. 

1873,  May  30. 

1873,  May  30. 

1874,  March  27. 
1874,  April  3. 

1874,  April  3 

1874,  April  3. 

1874,  May  28. 

1874,  June  17. 

1874,  June  19. 

1874,  June  25. 

1875,  Jan.  28. 
1875,  Feb.  10. 
1875,  Feb.  16. 
1875,  Feb.  18. 

1875.  Feb.  18. 

1875.  Feb.  19. 


SuiwEC'T  Matter,  and  Disposition. 


317 

333 
334 

335 

336 
365 
377  ! 

382 

383 
393 
408 
411 
420 
425 
429 
430 
431 

433 
436 


Highway  Betterment  Act.  Surrender  of  balance 
of  land.      See  page  255. 

Board  of  Public  Works.      Obsolete. 

Water  Supply.      Obsolete. 

Point  Street  Bridge.      Superseded  by  Chap.  354  of 

1883. 

Crawford  Street  Bridge.     Obsolete. 

North  Providence  Annexation. 

Territory  annexed  under  Chap.  365  of  March  27, 
1874,  to  be  Tenth  Ward.  Obsolete.  See  page 
146. 

City  Council  may  divide  City  into  not  exceeding 
Twelve  Wards.     Obsolete.      See  note,  page  17. 

Assessor  of  Taxes.     Obsolete. 

Board  of   Public  Works      Obsolete. 

Law  Department.      See  page  13. 

Brook  Street  District.     Obsolete. 

North  Providence  Annexation. 

North  Providence  Annexation. 

Crawford  Street  Bridge.      Obsolete. 

Water  Bonds.     See  page  267. 

Board  of  Public  Works.  Superseded  by  Sees. 
7,  8.  and  9,  pages  30  and  31. 

Sewer  Bonds.     See  page  2  68. 

City  Hall  Bonds.     See  page  271. 


LIST    OF    SPECIAL.    STATUTES. 


405 


Act  of. 

Chap- 
ter. 

SriJ.IECT  M.\TTER,   .VNI)   DISPOSITION. 

1875, 

April 

lo. 

460 

Amends  Chap.  436  of  1875.      See  page  271 

1875, 

June 

18. 

502 

Water  Supply.  Obsolete.  Lost  or  Stolen  Property 
in  hands  of  police,  see  page  10. 

1875, 

June 

25. 

514 

Steam  Boilers.      See  Sec.  8,  page  85. 

1876, 

March 

14. 

522 

Vacancy  in  Office  of  Ward  Clerk,  how  filled.  Re- 
pealed.     See  page  136. 

1876, 

March  3 1 . 

523 

North  Providence  Annexation. 

1876, 

April 

12. 

528 

Water  Bonds.      See  page  267. 

1876, 

April 

20. 

548 

City  Council  may  make  ordinances  relative  to 
buildings.  Superseded  by  Chap.  688,  of  April 
12,  1878. 

1876, 

April 

20. 

549 

Board  of  Public  Works.  See  last  proviso  of  Sec. 
4,  page  29. 

1876, 

April 

20. 

553 

West  Burial  Ground.      Obsolete. 

1876, 

June 

2. 

567 

Public  Administrator.      See  page  283. 

1876, 

June 

14. 

573 

Water  Bonds  payable  in  gold.      See  page  267. 

1876, 

June 

14. 

574 

City  Election.     Repealed  by  Chap.  402  of  1896. 

1877, 

March  30. 

616 

Swill  and  House  OfFal.      See  page  232. 

1877, 

March 

30. 

617 

Steam  Boilers.      See  Sec.  7,  page  85. 

1877 

March  30. 

619 

Highway  Betterment  Act.  Repealed  by  Public 
Statutes  of  1882. 

1877 

May 

31. 

635 

Sewer  Assessments.     Obsolete. 

1877 

June 

1. 



Harbor  Line  in  Seekonk  River. 

1877 

June 

1. 

639 

Permanent  Salary  Ordinance.  Superseded  by 
Chap.  1334  of  1894. 

1878 

April 

8. 



Harbor  Line  in  Seekonk  River. 

406 


LIST    OF    SPECIAL    STATUTES. 


Act  of. 

Chap- 
ter. 

1878.  April 

10. 

666 

1878,  April 

12. 

685 

1878,  April 

12. 

686 

Subject  Matter,  and  Disposition. 


1878,  April  12. 

1878,  April  12. 

1878,  April  27. 

1878,  May  30. 

1878,  May  30. 

1878,  May  31. 

1878,  June  20. 

1879,  March  4. 
1879,  March  10. 

1879,  April  10. 

1879,  April  10. 

1879,  April  11. 

1879,  Nov.  8. 

1880,  April  8. 
1880,  April  15. 


687 

688 
696 

700 
701 
711 
721 
738 
744 

758 

759 
771 

788 

804 
815 


Municipal  Indebtedness.      See  page  265. 

Constables.      See  page  69. 

House  of  Correction.  Penalty  for  indecent  intoxi- 
cation.     See  Sec.  13,  page  56. 

City  Hall,  High  School  and  Cove  Basin  Loan. 
See  page  271. 

Building  Law.      See  page  88. 

Harbor  Line  from  Crawford  Street  to  P  int  Street 
Bridge. 

Park  Commissioners.      See  page  277. 

Bonds  for  balance  of  indebtedness.       See  page  271. 

Sewer  Assessments.     See  Sec.  5,  page  29. 

Commissioners  of  Sidewalks.     Obsolete. 

North  Providence  Annexation. 

Board  of  Aldermen  President  pro  tempore,  page  4. 
Return  of  veto  by  Mayor,  page  8.  New  elec- 
tions, page  18.     Vouchers,  page  13. 

Harbor  Line  from  Crawford  Street  Bridge  to  Fox 
Point. 

Harbor  Line  near  India  Point. 

Harbor  Line  from  Crawford  Street  Bridge  to  I'oint 
Street  Bridge. 

Tenth  Ward  Voting  Districts.  Obsolete.  See 
pages  146,  147. 

Klectric  Wires.      See  page  10. 

Department  of  Public  Works.     See  pages  26-31. 


LIST    OF    SPECIAL    STATUTES. 


40' 


Act  of. 


1880,  April  16. 

1880,  April  16. 

1880,  April  16. 

1880,  May  27. 

1881,  April  19. 
1881,  April  22. 


Chap- 
ter. 


SuKJECT  Matter,  and  DISPO.SITIO^'. 


817 
818 
811' 
823 

8.56 

867 


1881, 

April     28. 

1881, 

June       3. 

899 

1882, 

March     1. 

1882, 

March    'J . 

267 

1882, 

March  22. 

273 

1882, 

March  24. 

281 

1882, 

March  31. 

288 

1882, 

April     14. 

297 

1882,  April     21. 
1882,  April     21. 

1882,  June       2. 

1883,  March     7. 
1883,  March  28. 


322 
323 


349 


Reform  School  transferred  to  State. 

North  Providence  Annexation. 

Harbor  Line  near  Sa.ssafras  and  Field'.s  Point,s. 

Police  Con.stables  and  City  Watchmen.  See  page 
46. 

Ordinance.s  how  amended  or  repealed.  See  pase 
13. 

Appeals  from  Police  Court  to  Municipal  Court. 
Repealed  by  Chap.  371  of  1896. 

Harbor  Line,  Field's  Point  to  Rock  Island. 

Sewer  Assessments.      See  page  32. 

Providence  and  Springfield  R.  R.  Co. 

Field  Burial  Ground. 

Harbor  Improvement.     See  page  271. 

City    may    sell     Land     in    Brook    .Street     District. 

Highway  Betterment  Act.      .See  page  256. 

KiU'.h  Board  of  City  Council  may  make  Rules,  judge 
of  Elections,  and  order  new  Elections.  See 
page  7. 

Grade  for  platted  Streets  or  Ways.     See  page  242. 

City  may  borrow  money  for  payment  of  State  Tax. 
See  pages  21 ,  271 . 

Appropriation   for   Gen.   Burnside    Statue. 

Harbor    Line   on   West    Side     of    Seekonk     River. 

Washington  Bridge.      See  pages  41,  271. 


408 


LIST    OF    SPECIAL    STATUTES. 


Act  of. 

Chap- 
ter. 

Subject  Matter,  ajjd  Disposition. 

1883, 

Marcl 

29. 

354 

Lounging  on  Bridges.     See   page  10. 

1883, 

April 

10. 

359 

Superseded  by   Chap.  367  of  May   14,  1896. 

1883, 

April 

12. 

365 

Harbor  Line  from  Point  Street  Bridge  to  Hender- 
son Street, 

1883, 

June 

1. 

384 

Sewer  Bonds.     See  page  268. 

1884, 

Feb. 

15. 

388 

Appropriation  for  Washington   Bridge.    See  p.  271. 

1884, 

May 

1. 

422 

Land  for  Railroad  Terminal    Facilities.      Expired. 

1884, 

May 

2. 

431 

City  may  take  Proprietors'  Burial  Ground  for  a 
Public  Park. 

1884, 

May 

29. 

444 

Boar  1  of  Public  Works.     Obsolete. 

1884, 

May 

29. 

449 

Commissioners  on  Washington   Bridge. 

1885, 

Feb. 

12. 

Time  extended  for  subscription  of  Stock  of  Provi- 
dence and  Springfield  R.  R.  Co.     Expired. 

1885, 

April 

10. 

476 

Harbor  Line  between  Fox  Point  and  Railroad 
Bridge  at  India  Point.     See  page  220. 

1885, 

April 

23. 

495 

Superseded  by  General  Laws  of   1896,  Chap.  91. 

1885, 

April 

24. 

499 

Undertakers.      See  page  276. 

1885, 

April 

24. 

500 

Drainage  and  plumbing  of  Buildings.  Superseded 
by  Chap.  1444  of  May  30,  1895. 

1885, 

April 

24. 

501 

Board  of  Aldermen  may  make  Regulations  govern- 
ing Bootblacks,  Newsboys  and  Venders.  See 
page  68. 

1885, 

April 

•24. 

'502 

Tenement  and  Lodging  Houses,  how  to  be  con- 
structed and  conducted.      See  Sec.  28,  page  110. 

1885, 

April 

24. 

51H 

Channel  to  be  dredged  in  Seekonk  River,  defined. 

1885, 

May 

28 

520 

Fireworks.  Repeals  Chap.  312  of  1873.  See 
page  59. 

LIST    OF    SPECIAL    STATUTES. 


409 


Act  of. 

Chap- 
ter. 

SiB.jECT  Matter,  and  Disposition. 

1885 

May 

•29. 

528 

Deputy  Recorder  of  Deeds.     See  page  5. 

1885 

May 

■29. 

529 

Election  of  a  Member  of  the  Board  of  Public 
Works.     Obsolete. 

1885 

May 

29. 

530 

Department  of  Public    Works.      See  page  28. 

1886, 

Feb. 

12. 

540 

Appropriation  for  the  250th  Anniversary  of  the 
Town  of  Providence. 

1886, 

March 

11. 

552 

Repealing-clause  of  Chap.  354  of  1883.     Obsolete. 

1886 

April 

30. 

575 

Public  Market.     Expired. 

1886, 

April 

30. 

577 

Water  bonds.      See  page  267. 

1886, 

April 

30. 

585 

Election  of  Assessor  of  Taxes  annually  in  Febru- 
ary.     See  page  5. 

1886. 

April 

30. 

587 

Board  of  Aldermen  on  request  of  City  Council  to 
appoint  disinterested  men  to  mark  out  highways. 
See  page  243. 

1887, 

Feb. 

8. 

611 

Appropriation  for  Doyle  Monument. 

1887, 

April 

19. 

628 

Commission  to  divide  City  into  Wards.  Obsolete. 
See  Chap.  798  of  1900. 

1887, 

May 

6. 

638 

Intemperance.     See  note,  page  56. 

1887, 

May 

6. 

652 

Washington  Bridge.     See  page  271. 

1887, 

May 

6. 

653 

Annexation  of  a  portion  of  Cranston. 

1887, 

May 

6. 

654 

School  Committee.  Superseded  by  Chap.  778  of 
1889. 

1887, 

June 

3. 

658 

Highway  Loan.     See  page  268. 

1888, 

Feb. 

28. 

670 

To  place  City  Wires  underground.     See   page  271. 

1888, 

March 

22. 

707 

Land    for  Sewerage   Purposes.      Expired. 

410 


LIST    OF    SPECIAL    STATUTES. 


Chap- 
ter. 


Siii.TEfT  Matter,  and  Disi-o.sition. 


1888,  March  23.         677 


1888,  March  23. 
1888,  March  23. 

1888,  May      31. 

1889,  March  14. 
1889,  March  14. 

18S9,  March  29. 

1889,  April  24. 
1889,  April    25. 

1889,  April  25. 

1889,  April  25. 

1889,  April  26. 
18.S9,  May  31. 

1890,  March  11. 
1890,  March  11. 
1890,  March  28. 
1890.  April  25. 
1890,  May        1. 

1890,  May        2. 


680 
683 

722 

77.S 
782 

775 

779 
776 

777 
781 
780 
813 

87o 
876 
868 
873 
869 

870 


Office  of  Commissioner   of  Public   Works   created 
See  pages  26  and  27. 

Tockwotton  Park. 

Ward  Meetings.      Repealed  by  General  Laws. 

To  fill  Cove  Basin       See  page  271. 

School  Committee.      See   page  76. 

Relief  of  Disabled    Firemen    and  Policemen.      See 
page  286. 

Judge    of    Municipal  Court.      Repealed    by    Chap. 
371   of  1896. 

Judge  of  Police  Court.     Obsolete. 

Chief  of  Police,  see  page    11  ;  Chief    of    Fire    De- 
partment, obsolete  by  Chap.  1100  of  1892. 

To  compel  Sevverage  Connections.      See  page  235. 

North   Burial  Ground.      See  page  275. 

Superintendent  of  Health.     See  page  233. 

Commissioner  ot  Public  Works  may  employ  a  Sec- 
retary.      See  page  28. 

Washington  Bridge  Claims.      See  page  271. 

Land  for  Tockwotton  Park. 

Railroad  Passenger  Station  and  Approaches. 

To  purchase  Thomas  Davis  Estate.     See  p;tge  272. 

Mayor   to  appoint  Commissioner   of  Public  Works. 
See  pages  27,  28. 

Highway   Loan.     See  page  268. 


LIST    OF    SPECIAL    STATUTES. 


411 


AfT    OF. 

Cmai-- 

TEK. 

SrnjECT  Matter,  and  Disposition. 

1890, 

May 

2. 

871 

Aimiial  Appropriation  for  Rhode  Island  Hospital. 
See  pa<;e  236. 

1890, 

May 

2. 

872 

To  cause  Electric  Wires  to  be  placed  Underground. 
Superseded  by   Act  of  May  19,  1892,  page  203. 

1890, 

May 

2. 

874 

School  Comniittee  to  fill  a  Vacancy.     Obsolete. 

1890, 

May 

30. 

913 

To  purchase  Site  for  State   House.      See  page  272. 

1890, 

May 

30. 

914 

Harbor  Line  from  Fox  Point  to  Railroad  Bridge. 
See  page  221 . 

1890. 

June 

19. 

915 

Wardens  and  Clerks,  Mayor  may  appoint.  Re- 
pealed by  Chap.  798  of   1900,  page  135. 

1891, 

March 

21. 

946 

Hopkins  Burial  Ground   for  Park  purposes. 

1891, 

April 

U. 

944 

Loan  for  School-houses  and  Lots.     See  page  269. 

1891, 

April 

30. 

941 

Highway  Loan.      See  page  268. 

1891, 

April 

30. 

942 

Sewer  bonds.  Amends  Chaps.  433  of  1875,  and 
384  of  1883.     See  page  268. 

1891, 

April 

30. 

943 

To  borrow  S500,000  for  Parks.      See  page  270. 

1891, 

April 

30. 

945 

Water  Bonds.     See  page  267. 

1891, 

May 

28. 

993 

Park  Lo.in.     Amends  Chap.  943.     See   page    27(>. 

1891, 

May 

28. 

994 

Highway   Loan.      See  page  268. 

1891, 

May 

28. 

995 

School  Loan.  Amends  Chap.  944.  See  page 
269. 

1891, 

May 

29, 

975 

Act  authorizing  Cities  and  Towns  to  grant  Fran- 
chises in  Highways.     See  page  178. 

1891, 

May 

29. 

99G 

School  Committee.      See  page  76. 

1891, 

May 

29. 

997 

To  build  a  Retaining  Wall  from  Hill's  Wharf  to 
Sassafras  Point.      See  pages  224,  272. 

412 


LIST    OF    SPECIAL    STATUTES. 


Act  of. 

Chap- 
ter. 

SuB.iECT  Matter,  and  Disposition. 

1891, 

May 

29. 

998 

To  coDfiemii  Land  for  Fenner  Park. 

1891. 

May 

29. 

999 

Johnston  Boundary  Line. 

1891, 

July 

24. 

1018 

Laud    for   Roger    Williams    Park.      See  page  270. 

1891, 

Aug. 

4. 

Resolution  ordering  vSpecial   Election   for  Senator. 

1892. 

March 

8. 

1041 

Abandonment  of  Passenger  Station. 

1892. 

Marcli 

16. 

1096 

Harbor  Line,  Fox  Point  to  India  Point.  See  paije 
222. 

1892, 

April 

21. 

1103 

School  Committee,  when  to  organize.     See  page  77. 

1892, 

April 

29. 

1102 

Trees  in  Public  Highways.      See  page  259. 

1892, 

May 

3. 

Franchise  Act  of  Union  Railroad  Co.  See  page 
181. 

1892, 

May 

19. 

Franchise  Act  of  Narragansett  P^lectric  Lighting 
Co.      See  page  203. 

1892. 

May 

21. 

1100 

P^ire  Commissioners  created.      See  page  72. 

1892, 

May 

21. 

1101 

City  Council  to  define  Grade  of  Private  Ways  or 
Streets.      Repealed  by  Chap.  1238  of  1893^! 

1892, 

June 

3. 

1139 

Loan  for  Central  Police  Station.      See  page  272 

1892, 

July 

1. 

1140 

Annexing  that  portion  of  Cranston  taken  for  Park 
Purposes. 

1892. 

Oct. 

7. 

1157 

Appropriation  for  Columbus  Day. 

1893. 

March 

2. 

1226 

Water  Bonds.      See  page  267. 

1893, 

March 

2. 

1227 

Highway   Loan.     See  page  268. 

1893, 

Maich 

2. 

1231 

Sewer  Bonds.      See  page  268. 

1893, 

March 

7. 

1229 

Davis  Park  Loan.      See  page  270. 

1893, 

March 

15. 

1237 

Act  of   Recorder  of  Deeds  Validated. 

LIST    OF    SPECIAL    STATUTES. 


413 


Act  of 

C  HAl'- 
TKK. 

1893, 

March  22. 

1235 

1893, 

April 

19. 

1230 

1893, 

April 

28. 

1228 

1893 

May 

3. 

1234 

1893, 

May 

4. 

1236 

1893, 

May 

4. 

1239 

1893, 

May 

16. 

1232 

1893, 

May 

16. 

1238 

1893, 

May 

17. 

1893, 

May 

23. 

1893,  May      25. 


1894,  March  28.      1292 


1 233 


1894,  April  13. 

1894,  May  1. 

1894,  May  11. 

1894.  May  30. 


1290 
1291 
1293 

1333 


SUHJECT  Matter,  and  Disposition. 


Filling  ot  Cove  Basin.  Amends  Chap.  722  of 
1888.      See  page  272. 

Loan  for  Roger  Williams  and  Blackstone  Parks. 
See  page  270. 

School  Loan.      See  page  269. 

City  Treasurer  may  issue  Bonds,  when.    See  page  22. 

To  regulate  the  use  of  certain  portions  of  High- 
ways (Elmwood  Ave).      See  page  260. 

F^xeinption  of  certain  Corporations  from  Sewer 
assessments.      See  page  32. 

Pension  Fund  for  Policemen  and  Firemen.  See 
page  287. 

Repeals  Chap.  1101. 

Providence  Cable  Tramway  Co.  may  use  Electricity 
as  a  Motive  Power.      See  page  190. 

Act  requiring  Providence  Cable  Tramway  Co.,  and 
Union  R.  R.  Co.  to  make  payments  to  City,  and 
in  addition  and  amendment  of  Franchise  Act. 
S  e  page  187. 

Additional  Loan  for  Central  Police  Station.  See 
page  272. 

Statue  of  Ebenezer  Knight  Dexter. 

Bonds  to  be  paid  in  Gold.      See  page  22. 

Loan  to  buy  Land  for  Parks.      See  page  270. 

Commissioner  of  Public  Works  to  sprinkle  Streets. 
Repealed  by  Chap.  1338  of  1894. 

Appropriation  for  Dedication  of  Statue  of  Ebene- 
zer Kniirht  Dexter 


414 


LIST    OF    SPECIAL    STATUTES. 


Chap- 
ter. 


Subject  Matter,  and  Disposition. 


1894  June  12. 

1894,  June  12. 

1894,  June  12. 

1894,  June  12, 

1894,  June  13. 

1894,  June  13. 


1332 
1335 

1336 

1338 
1334 
1337 


1894,  June  13.   1339 


1895,  Feb.  20. 

1895,  Feb.  26. 

1895,  Feb.  28. 

1895,  Feb.  28. 

1895,  Feb.  28. 

1895,  March  1. 

1895,  April  11. 

1895,  April  23. 


1400 
1399 
1402 
1404 
1405 

1408 
1403 
1407 


City  to  build  Red  Bridge.      See  pages  42,  272. 

Wardens  and  Clerks.  Repealed  by  Chap.  798  of 
1900. 

Con]mis!«ioner  of  Public  Works  to  build  Sewer 
Connections  inside  Curb  Line.     See  page  33. 

Repeals  Chap.  1293  relative  to  Watering  Streets. 

Salaries  of  City  Officers.     See  pages  11  and  12. 

Streets  to  be  watered,  when,  and  expense  to  be 
assessed  on  Abutting  Owners.      See  page  261. 

Buihling  Law.      Sec.  1,  see  Sec.  2,  page  89. 
'Sec.  2,  see  Sec.  4,  page  90. 
Sec.   3,  see  Sec.  -'<,  page  92. 
Sec.  4,  see  Sec.  20,  page  102. 
Sec.  5,  see  Sec.  23,  page  107. 
Sec.  6,  see  Sec.  34,  page  117. 
Sec.  7,  amended  by  Chap.  1411,  Sec.  1. 
Sec.  8,  amended  by  Chap.  1411,  See.  2. 

Loan  for  School-houses  and   Lots.      See  page  269. 

Highway  Loan.      See  page  268. 

Land  for  School  Purposes.      See  pages  79,  269. 

City   Hall  and   Sewer  Loan.      See  pages  268,  272. 

Board  of  Canvassers  and  Registration  created.  Su- 
perseded by  Chap.  8  of  the  General  Laws,  Sees. 
22  to  27  inclusive.      See  pages  129-131. 

To  contract  with  the  R.  I,  Hospital  for  a  Hospital 
for  Contagious  Diseases.     See  page  236. 

To  make  new  Contracts  with  Union  R.  R.  Co.  in 
re  Transfer  Ticiiets.     See  page  191. 

Of  cases  of  neglect  to  connect  with  Sewers  on  Sew- 
ered Streets.      See  page  235. 


LIST    OF    SPECIAL    STATUTES. 


415 


Act  of. 


Chap- 
ter. 


SrB.TECT  Mattek,  and  Disposition. 


1895,  May   17.  I  1406 
1895,  iMay   17.   1411 

1895,  May  22.   13!)8 

1895,  May  22.   1401 

I 

1895,  May   22.   1409 

1895,  May  25.  |  1410 

I 
1895,  May  30.  '    1444 


1896,  April  16. 

1896,  April  24. 

1896,  April  28. 

1896,  May  7. 

1896,  May  13. 

1896,  May  14. 

1896,  May  14. 

1896,  May  14. 

1896,  May  14. 

1896,  May  15. 

1896,  May  28. 


372 

364 

365 
373 

371 

363 

366 
367 
369 
368 
402 


Building  Law  amended.      See  page  120. 

Building  Law.        Seel,  superseded  by  Chap.  483. 
Sec.  2,  see  Sec.  36,  page  118. 

Brown    University   to   build  a  Conduit  with  consent 
of  City  Council. 

Loan  for  Park  Purposes.     See  page  270. 

To  condemn  Land  tor  Park  Purposes.    See  page  270. 

Bequests  to  Nortli  Burial  Ground.     See    page  273. 

Drainage  and  Plumbing  of  Buildings.    See  page  280. 

Relief  of  Disabled   Firemen  and  Policemen.       See 
page  287. 

To  hire  money  for  building  School-houses  and  buy- 
ing Land  therefor.      See  page  269. 

Improvement  of  Davis  Park.     See  page  270. 

Union   R.    R.   Co.   to  establish    a    system    of   Free 
Transfers,  when.     See  page  193. 

Municipal    Court    and    Police    Court.      See    pages 
14-17. 

l5oard   of  Canvassers  made   a    Returning    Board  in 
Municipal  Elections.     See  page  131. 

Admiral  Hopkins  Statue. 

Inspector   of  Buildings.      See  Sec.  6,  page  91. 

Highway  Betterment  Act.     See  page  257. 

Assistant  Inspectors  of  Plumbing.     See  page  281. 

Date  of  Municipal  Election.      See  pages  17,  18. 


416 


LIST    OF    SPECIAL    STATUTES. 


Act  of. 

Chap- 
ter. 

SuH.JECT  Matter,  and  Disposition. 

1896, 

Oct. 

1. 

435 

Silver  Spring  B.  &  D.  Co.  to  build  a  Conduit  with 
consent  of  City  Council. 

1896, 

Oct. 

2. 

418 

Widening  of  Smith  and  Francis  Streets. 

1896, 

Oct. 

2. 

420 

Powers  of  School  Committee.     See  page  77. 

1896, 

Oct. 

2. 

424 

Harbor  Line  defined  between  Fox  Point  and  Rail- 
road Bridge.     See  page  223. 

1896, 

Oct. 

2. 

425 

To  hire  money  for  Roger  Williams  and  Blackstone 
Parks.      Seepages  270,  278. 

1896, 

Oct. 

2. 

426 

To  hire  money  to  buy  Land  adjoining  City  Yard. 
See  page  272. 

1896, 

Oct. 

2. 

427 

To  hire  money  to  build  a  Casino  at  Roger  Williams 
Park.     See  page  270. 

1897, 

Feb. 

4. 

480 

Act  relative  to  Dorrance  Street  Wharf.  See  page 
225. 

1897, 

Feb. 

5. 

481 

Use  of  Unexpended  Balances  of  Appropriations. 
See  page  23. 

1897, 

April 

2U. 

482 

To  hire  money  for  building  Weybosset  Bridge  and 
River  Walls.      See  page  272. 

1897, 

April 

30. 

478 

Comfort  Street  closed. 

1897 

May 

4. 

483 

Building  Law  amended.     See  Sec.  35,  page  117. 

1897, 

May 

14. 

484 

To  hire  money  for  Central  Fire  Alarm  System. 
See  page  272. 

1897, 

May 

18. 

453 

City  Council  to  (\yi  Fees  of  Dog  Officers. 

1897, 

May 

21. 

474 

Fees  for  Licenses  and  Commissions.     See  page  23. 

1897, 

May 

21. 

485 

School  Teachers'  Retirement  Fund.     See  page   82. 

1897, 

May 

27. 

510 

To  hire  $300,000  annually  for  School-houses  and 
Lots.     See  pages  82,  269. 

LIST    OF    SPECIAL    STATUTES, 


417 


Act  of. 

Chap- 

TEK. 

1897,  May 

1898,  Feb. 

27. 

16. 

511 
525 

1898,  March  4. 

1898,  May  6. 

1898,  May  6. 

1898,  May  6. 

1898,  May  6. 

1898,  May  6. 

1898,  May  6. 

1898,  May  6. 

1898,  June  2. 

1898,  June  15. 

! 898,  June  15. 

1898,  June  15. 

1898,  June  15. 

1898,  June  15. 


526 

549 
555 
556 
557 

558 

559 

562 
593 

580 

586 
587 

596 

597 


Subject  Matter,  and  Disposition. 


1899,  Feb.      17.        632 
53 


Claim  of  Heirs  of  Thomas  Ruona. 

To    hire    money    for    furnishing    Casino    at    Roger 
Williams  Park.     See  page  270. 

To  supply  Schools  with  Sanitary  Furnishings.     Ex- 
pired. 

Duties  and  Fees  of  City  Registrar. 

Combustible  Materials  in  Buildings.      See  page  73. 

Weybosset  Bridge  Act  amended.     See  page  272. 

To  issue  Licenses   for   the   sale   of  certain  articles. 
Repealed  by  Chap.  846  of  Mar.  28,  1901,  page  49. 

To   place    Fire   Alarm  Wires  Underground.      See 
page  272. 

Red  Bridge.      In  addition  to   Chap.   1332  of  June 
12,  1894.     Appeal  and  procedure. 

Annexing  a  portion  of  Johnston. 

School  Committee  may  educate  Children  at  Normal 
School.     See  page  78. 

An  Act  providing  for  a  Tax  on  Street  Railways. 
See  page  197. 

Parcel   of  Land  liable  only  for  its  own  Tax. 

Attendance  of  Children   in  Public    Schools.      See 
page  79. 

Johnston  Annexation,  Probate  Matters  in.     Amends 
Chap.  562  of  May  6,  1898. 

Records,    etc.,    of    annexed    Johnston     Territory. 
Amends  Chap.  562  of  May  6,  1898. 

City  may  regulate  use  of  Sewers.     See  page  34. 


418 


LIST    OF    SPECIAL    STATUTES. 


Chap- 
ter. 


1899,  Feb.     21. 
1899,  Feb.      21. 

1899,  Feb.      21. 

1899,  March    3. 
1899,  March    3. 

1899,  March    3. 

1899,  May        3. 

1899,  May      10. 

1899,  May  18. 

1899,  May  23. 

1899,  May  23. 

1899,  May  25. 

1899,  May      26. 

1900,  Feb.        9. 

1900,  April    12. 
1900,  April    20. 


607 
633 

634 

621 
635 

636 

688 

660 

662 
666 
687 
690 

689 

726 

764 
737 


Subject  Matter,  and  Disposition. 


Right  of  way  for  Ambulances.     See  page  49. 

Weybosset  Bridge  Act  amended  and  additional 
work  authorized.  Mill  Sti'eet  Bridge  and  Lay-out 
of  Exchange  Place.      See  page  272. 

To  borrow  money  for  Evening  Schools.  See  page 
269. 

Compensation  for  collection  of  Statistics  of  Births. 

To  hire  money  for  Highway  purposes.  Charles 
Street.     See  page  268. 

Shelters  may  be  constructed  from  Buildings  over 
Sidewalks.     See  page  121. 

School  Bonds.  Amends  Chap.  364  of  April  24, 
1896,  and  Chap.  510  of  May  27,  1897. 

Appropriations  for  Public  Celebrations  and  for 
Band  Concerts.      See  page  24. 

Political  Committees  and  Caucuses.     See  page  148. 

Abandonment  of  Highways.     See  page  258. 

Johnston  Annexation. 

To  refund  Johnston  Debt  assumed  by  the  City. 
See  page  272. 

To  hire  money  for  Improvement  of  the  Harbor.  See 
pages  224,  272. 

Bi'own  &  Sharpe  Mfg.  Co.  to  build  Bridges  over 
Streets  with  consent    of  City  Council. 

To  refund  portion  of  Water  Loan.      See  page  267. 

Amends  Chap.  580,  Union  Railroad  Franchises. 
See  page  202. 


LIST    OF    SPECIAL    STATUTES. 


419 


Act  of. 

Chap- 

TKR. 

SrB.iEcT  Mattf.k,  and  Disposition. 

1900. 

May 

3. 

744 

An  Act  permittiuir  cities  or  towns  to  use  Voting 
Machines  at  Elections.  'Repealed  by  Chap.  859 
of  March  29,  1901.      See  page  172. 

1900, 

May 

;;!. 

76") 

Revised  Ordinances  exempted  from  Publication.  Ob- 
solete. 

1900, 

June 

lo. 

794 

Secretary  of  State  to  Purchase  Voting  Machines, 
wlien.  Superseded  by  Chap.  859  of  March  29, 
1901.     See  page   164. 

1900, 

June 

13. 

798 

Commission  to  re-adjust  Ward  Lines.  See  page 
135.      For  Report  of  Commission    see   page  138. 

1900. 

June 

13. 

799 

To  hire  money  for  buihling  a  Central  Fire  Station 
and  other  purposes.      See  page  272. 

1900, 

June 

13. 

800 

To  hire  $200,000  for  Street  from  South  Wcater 
Street  to  Prospect  Street.      See  pages  263,  268. 

1900, 

June 

13. 

801 

To  hire  §40,000  for  a  Police  Station  and  Stable. 
See  page  272. 

1901, 

Feb. 

13. 

870 

Receipts  from  Sewer  Assessments.     See  page  25. 

1901, 

March 

8. 

871 

Junk  Dealers'  License  Act.      See  page  51. 

1901, 

March 

12. 

872 

Obsolete  Acts  concerning  the  City  of  Providence  re- 
pealed. 

1901, 

March 

13. 

873 

Harbor  Line  from  Bower  Street  to  Red  Bridge. 

1901, 

March 

14. 

874 

Authorizing  Brown  University  to  build  conduit 
under  Prospect  street. 

1901, 

Marcli 

19. 

909 

Exempting  posting  of  voting  lists.     Obsolete. 

1901, 

Marcli 

•28. 

846 

Peddlers'  License  Act.       See  page  49. 

1901, 

March 

29. 

859 

Voting  Machine  Act.      See  page  162. 

19U1, 

March 

29. 

867 

Caucus  Act  Amended.      See  page  148. 

420 


LIST    OF    SPECIAL    STATUTES. 


1901,  March  29. 


1901,  March  29. 


Chap- 
tee. 


875 


876 


Subject  Matter,  and  Disposition. 


Amending  Chap.  426  of  1896,  and  authorizing 
purchase  of  land  for  Blackstone  Park.  See 
pages  270,  279. 

To  hire  $160,000  for  highway  purposes.     Seepages 

264,  268. 


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